The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The instant crime committed by the Defendant, while under the influence of alcohol, did an injury to a driver by blocking a car that the Defendant used without any justifiable reason, and subsequently obstructed the performance of official duties by assaulting the police officer in mobilization, and thus, the nature of the crime is not less weak, and the risk of recidivism is also likely to occur in view of the Defendant’s lusation, character, character and environment.

However, the defendant was in fact a baby around 3 times, and had been in Busan after 5 years of elementary school, and had been suffering from the appearance of the victim B with the help of a public defender in the trial of the court below, and had been living in prison for 7 years at the F Welfare Center. After that, there were circumstances where the defendant was living in prison without finding his/her family, and he/she was living in prison due to his/her difficulty. Since he/she did not have any criminal records above imprisonment without prison labor, it seems that he/she actually lives in his/her own life in light of his/her very poor place, it is reasonable to see that he/she was living in prison as much as he/she did not have any criminal records above his/her imprisonment without prison labor, and it is reasonable to see that he/she was actually living in his/her own life without prison labor, and it is reasonable to see that he/she was in his/her own life in his/her own depth and endeavor to restrain potential violent tendency, and that he/she received the victim B's instructions with the public defender in his/her trial.

3. In conclusion, the defendant's appeal is reasonable, and the original decision is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

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

Application of Statutes

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