The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall be imposed on the defendant.

1. The court below dismissed the prosecution of this part of the charges on the grounds that the victim F and G have withdrawn his wish to punish the victim E after instituting an indictment on each of the charges of assault against the victim F and G, and convicted the victim of the remainder of the charges (the charges of obstruction of performance of official duties) on the ground that the victim’s insult against the victim E after instituting an indictment.

However, since the defendant appealed only for the guilty portion on the grounds of unfair sentencing as follows, and the dismissal of the public prosecution is separated and finalized, the scope of this court's judgment is limited to the conviction portion of the judgment below

2. The decision of the court below (two months of imprisonment and two years of suspended execution) is too unreasonable as to the summary of the grounds for appeal.

3. Determination is an unfavorable circumstance to the Defendant, where the Defendant, who received a report under the influence of alcohol and obstructed the performance of official duties by assaulting the police officer, and the nature of the crime is not good.

On the other hand, the crime of this case seems to have occurred as a contingency, and the fact that the defendant recognized a mistake and reflects it is favorable.

In full view of these circumstances and all of the sentencing conditions shown in the instant argument, the lower court’s punishment is deemed to be too unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The Criminal Act for the detention of a workhouse;