The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

The summary of the reasons for appeal by the defendant is that the sentence of the court below that sentenced the defendant for four months of imprisonment is too unreasonable.

In order to establish the law and order of the state and eradicate the light of the public authority, it is necessary to strictly punish crimes that interfere with the execution of public duties.

However, the defendant's misjudgments in depth through detention for a considerable period of time, and the defendant does not have any criminal records of the same kind or suspension of execution or more.

In full view of other circumstances that are conditions for sentencing, such as the Defendant’s age, environment, and degree of assault, the sentence of the lower court is deemed to be too unfair and unfair.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by this court is identical to the corresponding column of the judgment of the court below, except for the deletion of "1. Part of the defendant's court statement" and addition of "1. The defendant's court statement" as stated in the summary of the evidence of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment.

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] : Cases where the degree of assault is insignificant in the area of mitigation (influence of performance of official duties and coercion of duties) of Class 1 (influence of performance of official duties and coercion of duties) of the Criminal Act: The main reasons for affirming the suspension of execution / Where the degree of assault is minor: there is no criminal conviction above that of the suspension of execution (influence of sentence] where the degree of assault is minor: The sentence shall be determined as per the order by taking account of the following circumstances