The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (one year of suspended execution for four months of imprisonment, one year of community service, 80 hours of imprisonment) is too unreasonable.

Judgment

A. According to the records of this case as to mental and physical disability, even though the defendant is found to have served alcohol at the time of the crime of this case, in light of various circumstances, such as the process, method and method of the crime, and the defendant's speech and behavior before and after the crime of this case, it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of the crime of this case. Thus, the above assertion by the

B. Whether there is an unreasonable sentencing sentence or not, a number of violent crimes, including criminal records on the same kind of offense, and the crime of obstruction of performance of official duties is an unfavorable sentencing factor, such as the fact that there is a great need to punish the defendant as an act of light of public authority and

However, considering the facts that the defendant recognized his mistake and there is no record of punishment for the same kind of crime and violence since 2001, the defendant agreed with the victim who interfered with the defendant's business and the police officer who dispatched the defendant, the defendant seems to have committed the crime of this case in a drunken and contingent manner, the social ties relation of the defendant is clear and the defendant's consciousness is moving ahead of it, etc., it is a favorable factor for sentencing. In full view of the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, environment, etc., the court below's punishment is deemed to be unfair. Thus, this part of the defendant's assertion is justified.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again as follows.