The judgment of the court below is reversed.

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

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

1. The sentence of the lower court (two months of imprisonment and two years of suspended execution) to the point of the reasons for appeal is deemed to be too unhued and unfair.

2. However, this case is a contingent crime, and the defendant is recognized as having committed a passive injury while resisting resistance during the arrest process, such as the deposit of a certain amount of money for the victimized police officers, the agreement between the victimized police officers and the damaged police officers, and the fact that the defendant repents his mistake.

However, considering the following circumstances: (a) the Defendant’s various public documents prepared at the time of drinking driving control on the ground that he does not take his own demand to tear, assault police officers arresting flagrant offenders, etc.; (b) the nature of the crime of this case is not good; (c) the police officers who spread in society as a whole; (d) there are many criminal records; and (e) there is a need to give the Defendant an opportunity to recover sound citizens’ awareness with the time of learning through community service; and (e) in light of the circumstances leading up to the crime of this case, and all of the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, method of crime, and circumstances after the crime, etc., the lower court’s sentence against the Defendant is somewhat unreasonable, and thus, the Prosecutor’s assertion on this is with merit.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading, since the prosecutor's appeal is well-grounded.

Criminal facts

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

Application of Statutes

1. Article 141(1) (a point of damage to public documents), Article 136(1) (a) and Article 257(1) of the Criminal Act concerning facts constituting an offense;