The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (4 million won of a fine) is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant assaulted a police officer performing official duties and obstructed the performance of duties. In light of the content, method, etc. of the crime, the liability for the crime is not easy, and there is no agreement with the victimized police officer.

However, taking into account the favorable circumstances such as the Defendant’s age, character and conduct, environment, background and method of the instant crime, circumstances after the instant crime, and criminal record, etc., the sentence imposed by the lower court is unreasonable, in view of the following: (a) the Defendant’s attitude to reflect the instant crime; (b) the degree of assault is relatively excessive; (c) the offender committed a somewhat contingent act in drinking alcohol; (d) the deposit of KRW 300,000 to the Social Welfare Joint Chest in lieu of deposit for the victimized police officer; and (e) the fact that the Defendant had no record of criminal punishment in the Republic of Korea prior to the instant case as a new citizen; and (e) other favorable conditions of sentencing as indicated in the instant records and pleadings

3. As such, the defendant'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.

Criminal facts

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

Application of Statutes

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for appeal for the sentencing of Article 334(1) of the Criminal Procedure Act are examined in the part of the judgment as to the grounds for appeal for the sentencing of Article 334(1) of the Provisional Payment Order.