The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The judgment of the defendant is a favorable circumstance, such as the fact that all of the crimes of this case are committed, against the defendant, and that the defendant agreed with the victim of the crime of damage to property.

However, in full view of various circumstances, including the Defendant’s age, environment, sexual conduct, motive for a crime, and circumstance before and after a crime that obstructs the performance of official duties, if the Defendant had already been punished two times or more as a result of a crime that obstructs the performance of official duties, and the degree of assault that the Defendant used by the police officer is not less than that of the Defendant, and no effort has been made to recover damage to the police officer, etc., the sentence of the lower court is deemed to be unfair because it is too unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, 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) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who interferes with the performance of public duties by a police officer G with the conduct of public duties, and the punishment imposed on a person who is more severe in the conduct of public duties by a police officer G);

1. Selection of each sentence of imprisonment;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment determined by a crime of interfering with the execution of heavier public duties);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 201Do11

1. Prior to the reasons for sentencing under Article 62-2 of the Criminal Act, the observation of protection and community service order are as follows.