The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. A favorable circumstance is that the Defendant recognized his mistake and reflects his mistake, and the degree of assault against the victimized police officers is relatively heavy.

On the other hand, the crime of this case is a serious crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus, requires strict measures to eradicate the light of public authority, such as taking a gun possessed by a police officer to cut off the gun, etc., and the risk of the crime of this case also is not somewhat weak. The defendant again commits the crime of this case even though he had been subject to criminal punishment 13 times including three times the suspension of the execution of imprisonment with labor, and was in a repeated crime resulting therefrom, and even if he had been in a repeated crime, he did not agree with the victimized police officer.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment seems to be somewhat simple and unfair, and thus, the Prosecutor’s improper assertion of sentencing has merit.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act are examined in accordance with Article 334(2) of the Criminal Procedure Act, and the punishment is determined as ordered by taking into account the various sentencing conditions.