The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended execution) of the lower court is too unreasonable.

2. Each of the instant crimes committed by the Defendant, while under the influence of alcohol, assaults the victim while driving a taxi, takes a bath to the police officer in charge of performing his/her duties, and assaults him/her, and the nature of the crime is not less than that of the crime, is disadvantageous to the Defendant.

However, it is favorable to the defendant, such as the fact that the defendant commits a crime against his mistake, that the defendant does not want the punishment of the defendant, that the defendant does not want the punishment of the defendant, that the defendant deposited KRW 1 million for the victimized police officer when he was in the trial, and that the victimized police officer submitted a written application to the effect that the victimized police officer would take the seat of the defendant, and that the defendant is the first offender who has not been subject to any criminal punishment before.

Considering the aforementioned circumstances and the Defendant’s age, character and conduct, environment, family relationship, the circumstances leading to each of the instant crimes, and the circumstances after the commission of the crime, the sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[C] The Criminal facts and the summary of evidence against the defendant recognized by this court are the same as that of each corresponding part of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 136 of the Criminal Act concerning criminal facts.