The judgment of the court below is reversed.

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

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

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) is too unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant by assaulting the taxi engineer on driving, thereby obstructing the performance of official duties and causing injury to the police officer dispatched upon receipt of the report by force, and the nature of the crime is heavy.

However, considering all of the sentencing conditions, such as the defendant's age, character and conduct, family environment, etc., the punishment imposed by the court below is somewhat inappropriate if it is considered that the defendant committed the crime of this case, the defendant seems to have committed the crime of this case in a brush state, the defendant has no record of punishment by violence, the defendant has endeavored to recover from damage by making a deposit of a certain amount for police officers who committed violence in agreement with the taxi engineer, or by making a deposit of a certain amount of money.

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

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of performance of official duties against H, the crimes of injury, and the punishment imposed on heavier injury);

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the most serious punishment under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is applicable;