The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the claim of mental disability, even though the defendant was in a state of drinking at the time of the crime of this case, in light of the background of the crime of this case, the means and method of the crime of this case, the defendant's act before and after the crime of this case, etc., it cannot be deemed that the defendant was in a state of lacking the ability to discern things or make decisions

B. As to the assertion on unfair sentencing, the crime of this case is not likely to obstruct the execution of duties by assaulting the police officer's face at the police officer twice by drinking, booming the breath while taking a bath against the police officer, and assaulting him on the face with hand, and thus obstructing the performance of duties. The defendant was sentenced to a fine of 1.5 million won on Nov. 6, 2007 due to the crime of obstruction of performance of official duties, and a fine of 1.0 million won on Apr. 8, 2008. However, although the defendant recognized the crime of this case, he reflects his mistake, the degree of assault against the police officer is not relatively serious, the defendant did not have any history of punishment heavier than a fine, the defendant agreed to support the police officer and his parents at the trial, the defendant's age, his age, character and behavior, the circumstances before and after the crime of this case, and various circumstances that led to the motive and circumstances of the crime of this case, etc.

3. Accordingly, according to the conclusion, 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.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court and summary of the evidence are the facts of crime and summary of the evidence.