The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. At the time of each of the facts charged in the instant case, the Defendant was in a state of mental disability with weak capacity to discern drinking alcohol from drinking things or make decisions.

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

2. Determination

A. In full view of the various circumstances as to the claim of mental disability of the Defendant at the time of the instant crime, such as the Defendant’s speech and behavior, the victim’s statement, etc., it cannot be seen that the Defendant lacks the ability to discern things or make decisions at the time of the instant crime. Thus, the above assertion by the Defendant is rejected

B. As to the assertion on unreasonable sentencing, the instant crime is unfavorable to the Defendant, such as: (a) the Defendant’s exercise of direct tangible power on the police officer dispatched after receiving the report of 112; (b) the nature of the relevant crime is very bad; and (c) the Defendant has been punished at least 30 times including a sentence; and (d) the Defendant committed the instant crime without being during the suspension

However, considering the favorable circumstances, such as the fact that the defendant recognized the crime of this case, the degree of assault, the fact that the degree of assault is relatively minor, the equity in sentencing with the case where the defendant was tried at the same time as the previous conviction, and taking into account the following circumstances, taking into account the equity in sentencing with the same crime, the age, character and conduct, environment, motive or circumstance of the crime, and the circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court and summary of evidence are the facts constituting a crime and summary of evidence.