The judgment below

Part of the cost of lawsuit, excluding the cost of lawsuit, shall be reversed.

Defendant shall be sentenced to six months of imprisonment.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The Defendant, under the influence of alcohol, is not subject to the punishment of the crime, such as: (a) a police officer, who has been unsatisfed with himself or herself, desiresing to commit a crime; and (b) an injury by exercising force.

However, the defendant found the victim police officer on the day of the instant case. The victim police officer did not punish the defendant, and the degree of the victim police officer's injury is relatively excessive.

The defendant has no record of being punished or sentenced to a fine or heavier punishment for an offense interfering with the performance of official duties.

In light of the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the scope of sentencing guidelines set forth in the Supreme Court's sentencing guidelines for the enactment of the Supreme Court's sentencing committee (the scope of recommended punishment between six months and one year and four months) / [the scope of recommended punishment] of the basic area (the scope of interference with the performance of official duties / one year and four months) (the person subject to special sentencing) (from June to January 4), etc., the sentence imposed by the court below against the defendant is somewhat inappropriate.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit, and the part of the judgment below excluding the costs of lawsuit among the costs of lawsuit is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

【Grounds for another judgment】 The facts constituting a crime and summary of the evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except for the addition of “1. Defendant’s trial testimony” to the column of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) of the pertinent Act on criminal facts, and the Criminal Act.