The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Summary of Grounds for Appeal

A. The court below erred by misapprehending the status of mental disorder or mental and physical disability at the time of the crime of this case, where the defendant suffered from her early childhood disease, etc. and drinking alcohol does not lead to a large amount of drinking alcohol, or a state of mental and physical disorder, but the court below neglected it.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

2. Determination:

A. According to the records on the assertion of mental and physical disorder, the defendant appears to have suffered from her early illness at the time of the crime of this case and had a certain degree of alcohol. However, in light of all the circumstances such as the process of the crime of this case, the means and method of the crime of this case, and the defendant's behavior before and after the crime of this case, it is not deemed that the defendant had a lack or weak ability to discern things or make decisions due to drinking, etc. at the time of the crime of this case.

Therefore, the defendant's mental disorder cannot be accepted.

B. On October 10, 2014, when considering the fact that the Defendant was sentenced to two times the suspended sentence due to identical violent crimes, and criminal punishment of fines 12 times, and in particular, on October 18, 2014, the Busan District Court sentenced a one-year suspended sentence of imprisonment with labor for the crime of injury resulting from the continued injury on the part of Busan District Court, which became final and conclusive on October 18, 2014, the Defendant committed the instant crime again during the suspended sentence, and the fact that the police station arrested as the instant crime and the subsequent police station had poor circumstances after the arrest of the instant crime, such as continuously avoiding disturbance, it is necessary to impose strict liability on the Defendant corresponding thereto.

However, the fact that the defendant led to the crime of this case and reflects his mistake, the health of the defendant seems to be inadequate, and the above police officer wanted to take the defendant's action by mutual consent with the victimized police officer, and the degree of assault and intimidation against the above police officer is relatively minor.