The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall be imposed on the defendant.

1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant for the following reasons: (a) the Defendant made an insulting speech to the police officer who has worn a uniform at an open place without distance; (b) the Defendant had a criminal record of having interfered with one time’s performance of official duties; and (c) the Defendant had a criminal record of the same kind due to the three times police officers’ insult; and (d) the Defendant committed the instant crime again and repeatedly without being aware of it even though it was during the period of suspension

On the other hand, with respect to the part which the defendant was found guilty in the court below's judgment when the defendant was in the trial, the whole crime was committed, and the defendant was in the trial and agreed with the victim. The victim does not want the punishment of the defendant, and the family members of the defendant are in the favor of the defendant.

As above, in full view of all the sentencing conditions in the instant case, including the Defendant’s age, occupation, environment, and circumstances after the crime, which are disadvantageous or favorable to the Defendant, the lower court’s punishment is heavy.

Since it is determined, the above argument of the defendant is reasonable.

3. As such, the defendant's appeal is reasonable, and the part of the judgment below's conviction is reversed and the defendant's appeal is again decided as follows after pleading pursuant to Article 364 (6) of the Criminal Procedure Act.

[Grounds for the lower judgment] The summary of facts constituting an offense and evidence recognized by the lower court is identical to each corresponding column of the lower judgment, except for the addition of “1.1 Defendant’s oral statement” to the column for the examination of evidence, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 311 of the Criminal Act applicable to the facts constituting an offense and Article 311 of the choice of punishment;

2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

3. The order of provisional payment.