The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The lower court dismissed the public prosecution regarding the insult of the facts charged in the instant case, and convicted the remainder of the facts charged, respectively.

Since the prosecutor appealed only the guilty part of the judgment of the court below for the reason that sentencing was unfair, and the dismissed part of the public prosecution for which the prosecutor did not appeal is not appealed is separate and confirmed by the expiration of the period of appeal, the court below shall decide only on the guilty part

2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2 million won in penalty) is deemed to be too uneasy and unreasonable.

3. The circumstances favorable to the defendant include the fact that the defendant led to the crime, that the defendant agreed with the victim, and that the amount of damage is minor.

However, even if the defendant was sentenced to a fine or a suspended sentence for committing a crime of the same or similar kind at several times, he did not go against his mistake and again committed the crime. In particular, since the defendant committed the crime in this case during the suspended execution period due to the obstruction of the performance of official duties, there is a high possibility of criticism, it is more likely that the defendant will be punished, and the police dispatched upon receiving a report from the victim will take a bath to the police, and the situation after committing the crime is not good, such as avoiding disturbance, etc. The defendant's age, criminal record, relationship, sex, occupation, environment, motive and circumstance of the crime, means and method of the crime, and circumstances after the crime, etc., are considered as being too unaffortable and unfair. Thus, the prosecutor's assertion has merit.

4. 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.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.