The judgment of the court below is reversed.

Defendant shall be punished by a fine of 2.5 million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The sentence of the lower court (an amount of KRW 3 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, it is necessary to strictly punish an act obstructing the performance of official duties.

However, in full view of the following circumstances: (a) there was no history of sentence imposed on the Defendant for the same criminal record and fine; (b) the degree of the assault of this case is relatively minor; (c) the Defendant led to confession and reflects the depth of the instant crime; and (d) the police officer, who was assaulted, wanted the Defendant’s wife when the police officer was in the first instance trial; and (e) other various factors, such as the Defendant’s age, sexual behavior, environment, and conditions before and after the instant crime, the lower court’s punishment is somewhat unreasonable.

3. In conclusion, the prosecutor's appeal is without merit (Provided, That the decision of the court below is reversed because the defendant's appeal was accepted as follows, and thus the defendant's appeal is without merit. Thus, the decision of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.