The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The sentence that the court below sentenced against the defendant (4 million won a penalty) is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. Each of the instant crimes committed by the Defendant, in light of the content and result of the instant crime, and the need to raise awareness of the public authority upon the light of the need to inspire public awareness of the police officer, etc., which led to the Defendant’s injury to the victim and received a report.

On the other hand, however, the defendant shows the attitude of reflecting all his mistake, and the defendant has no record of criminal punishment more than suspension of qualification.

In addition, the defendant agreed with the victim of the injury, there are some circumstances that can be taken into account the circumstances of the crime in relation to the crime of obstructing the performance of official duties, and the degree of assault is relatively minor.

In addition, considering the following factors: (a) the Defendant’s age (72 3), sexual conduct, environment, background of each of the instant crimes, circumstances before and after the instant crimes, etc., and all of the sentencing conditions indicated in the records and arguments on changes, the lower court’s sentence imposed on the Defendant is unreasonable, and thus, the Defendant’s above assertion is reasonable, and the prior prosecutor’s aforementioned assertion is without merit.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257(1) of the Criminal Act (the point of injury, the choice of fines) and Article 136(1) of the Criminal Act regarding criminal facts (the point of obstructing the performance of official duties, and the point of obstructing the performance of official duties).