The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have been committed by the police officer after receiving a report 112, and thus, the nature of the crime is not good.

The Defendant was sentenced to suspended sentence for a crime of this kind, and committed the crime of this case during the period of suspended sentence.

This is disadvantageous to the defendant.

However, the Defendant recognized and reflected the instant crime.

The defendant deposited KRW 1 million for the damaged police officer in the first instance.

Although there is a criminal record of violence against the defendant, it has been relatively long ago (the most recent sentence of a fine of 4 million won in 201 due to the crime of injury, etc. is the most recent, and the remainder is all made before 200). This is the circumstances favorable to the defendant.

Considering such circumstances and circumstances as the Defendant’s age, sex, family relationship, family environment, motive and background of the crime, means and consequence of the crime, etc., the sentence imposed by the lower court on the Defendant is too unreasonable, since it is recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act and the choice of punishment for the crime, Articles 136 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Improper assertion of sentencing prior to the reason for sentencing Article 62-2 of the Criminal Code of the Social Service Order.