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 this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.

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

2. Determination

A. In light of the background and method of the instant crime, Defendant’s behavior and circumstance before and after the instant crime, etc., which can be recognized by the court below based on the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, the Defendant’s drinking at the time of the instant crime is acknowledged, but it cannot be deemed that the Defendant had the weak ability to discern things or make decisions. Accordingly, this part of the Defendant’s assertion is rejected.

B. As to the assertion on unfair sentencing, the crime of obstruction of the performance of official duties, such as this case, not only undermines the function of the state's legal order by nullifying legitimate exercise of public authority, but also is related to the safety of the general public, so it is necessary to punish the defendant with severe punishment corresponding thereto, the defendant has not received or agreed to do so from the police officer in question even now, and the defendant has been punished due to the crime of obstruction of the performance of official duties, insult against police officers, violence crimes, etc., and has many times of past times, and there are some unfavorable circumstances to the defendant, such as the defendant, even though he was sentenced to a suspension of execution for April due to the crime of obstruction of business in 2013, without being familiar with the grace period, even though he was sentenced to a suspension of execution for the crime of interference with business in 2 months, but the defendant has committed the crime of this case, and the defendant seems to have committed a contingent crime under the influence of alcohol, and the degree of assault and violence has not been excessive, and the defendant deposited 500,0 million won against the police officer.