The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The degree of assault that the defendant uses to police officers E is minor;

It is difficult to see that there are a large number of criminal offenses against the defendant, and that there is a record of being suspended from the execution of official duties in 2015.

On the other hand, it is favorable that police officers E wanted to take the Defendant's wife for the first time in this court, and that the Defendant repented and reflected the Defendant's wrong.

In addition, when considering all the circumstances of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc. as shown in the records and arguments of the instant case, and the scope of recommended punishment according to the sentencing guidelines, the lower court’s punishment is deemed unfair because it is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again ruled as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are as stated in the 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 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The sentencing criteria [Scope of the recommended punishment] Class 1 (Interference with the performance of public duties and coercion of duties) area (one month to eight months) mitigated (person subject to special mitigation) is not subject to punishment;

2. Prior to the decision of sentence, the sentencing conditions in paragraph 2 above shall be taken into account and the sentence shall be determined as per the order.