The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

The gist of the grounds for appeal by the prosecutor is that the punishment of the fine of KRW 4 million imposed by the court below is too uneasible, in light of the following: (a) the act of assaulting the police officers to obstruct the performance of official duties is necessary; (b) the defendant has a number of years of punishment including three times of punishment for the same kind of crime; and (c) the crime of this case is committed during the period of probation.

Considering the following circumstances: (a) the Defendant led to the confession and reflect of the offense; (b) the Defendant deposited KRW 300,00 to the victimized police officer in the original trial; and (c) the Defendant committed the instant crime under the influence of alcohol, as the grounds for appeal by the Prosecutor, the Defendant’s history, as stated in the grounds for appeal, includes 15 times the same type of crime of obstruction of performance; (c) the Defendant committed the instant crime without being aware of it during the period of probation; (d) there is a need to punish the police officer who committed the instant crime without being aware of it; and (e) there is a need to strictly punish the police officer to maintain social well-being and order; and (e) other various circumstances that are the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime; and (e)

Therefore, since the prosecutor's appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered

Criminal facts

The summary of the defendant's criminal facts and the summary of the evidence is the same as that of each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; and Article 62 (1) of the same Act);