The judgment of the court below is reversed.

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

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

1. The penalty of KRW 7 million imposed by the court below on the summary of the grounds for appeal is too unfilled and unreasonable.

2. The Defendant recognized the facts charged of this case and is in profoundly against the Defendant, and the degree of interference with the execution of official duties of this case is significant.

Although it is difficult to see that the crime of this case was committed by the Defendant, while under the influence of alcohol, assaults the police officer called out in order to protect the State’s legitimate performance of duties and to establish a sound social order, there is a strong need to do so, and the Defendant has been subject to criminal punishment twice the suspension of execution due to a crime obstructing the performance of the same duties. In particular, the Defendant committed the crime of this case without being aware of it during the suspension of execution period due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.) and taking into account all the sentencing conditions in the records and arguments of this case, such as the Defendant’s age, sexual behavior, environment, family relationship, circumstance after the crime, etc., the Prosecutor’s assertion is with merit.

3. 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.

Criminal facts

The summary of the facts constituting an offense and the gist of the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant’s legal statement” to the column for the evidence, all of the judgment below are the same as the corresponding column of the judgment below; (b) thereby, they are cited by Article 369 of the Criminal

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Do1

1. Article 62-2 (1) of the Criminal Act on the observation of protection;