The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The Defendant was physically and mentally weak at the time of committing the crime.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. The following facts acknowledged by the evidence duly adopted and investigated by the court below, namely, the fact that the defendant had drinking alcohol at the time, can be acknowledged. However, the defendant was sentenced to a suspended sentence of imprisonment on May 28, 2015 with prison labor for a crime that interferes with legitimate execution of a police officer's investigation, etc. by having twice the criminal records related to violence, destruction and damage, obstruction of performance of official duties, and obstruction of the criminal records on two occasions. In particular, on April 16, 2015, the defendant and the police officer sent to the scene upon receiving a report to the effect that the police officer was drinking while drinking and drinking alcohol, and the police officer sent to the scene at the scene upon receiving a report to the effect that the defendant and the police officer want to deliver a penalty notice to the police officer on two occasions, thereby hindering the police officer's chest to perform his/her duties, thereby obstructing the legitimate execution of a police officer's criminal investigation.

In light of the above, the defendant's mental and physical weak argument is not accepted, since at least it appears that it constitutes a free act due to negligence as stipulated in Article 10 (3) of the Criminal Code.

B. The fact that the criminal defendant committed the crime of this case without being aware of during the period of suspension of execution is disadvantageous to the defendant. However, the court below deposited KRW 1 million for the victim of the case obstructing the performance of official duties at the court below, and additionally deposited KRW 2 million for the victim of the insulting case. The fact that the defendant seems to be against his fault, and the age, background, means and result of the crime of this case, the motive, means and result of the crime of this case, etc.