The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that from the date of this judgment.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unhued and unreasonable.

2. In full view of the following facts: (a) the Defendant recognized the commission of a crime and agreed with the majority of the victims including restaurant operators; (b) the Defendant did not have any criminal record of suspended execution or more; (c) the Defendant, despite having been punished for the same kind of crime, such as drinking, driving, violence, etc., causing disturbance and damage to many and unspecified persons; (d) the degree of assault, the degree of interference with the performance of injury and official duties, and the attitude of the police station after the arrest, etc., the sentence of the lower court is deemed to be too unreasonable and unfair.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Concurrent Punishment between the crime of injury to H and the crime of interference with the performance of official duties, and punishment prescribed for the crime of injury to H with heavier punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act is the same as the provision of the above 2.