The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The instant crime committed by the Defendant, for whom permission to collect earth and stones was granted, took place without permission in violation of the terms and conditions of permission, and the relevant public official ordered the Defendant to suspend work and take out soil and stone, but the Defendant’s exercise of abusiveism and violence to a public official performing lawful official duties without complying with such order, and thus, it is necessary to strictly punish the Defendant on the ground that such act harms the authority of the public authority and

However, in full view of the favorable circumstances such as the fact that the Defendant appears to recognize and reflect the instant crime, the degree of damage of the victim is relatively minor, and the victim wants the Defendant’s wife by mutual consent with the victim at the time of the trial, and other various circumstances, including the Defendant’s age, character, character, occupation and environment, motive and background leading to the instant crime, method and consequence of the instant crime, and the circumstances before and after the instant crime, etc., the lower court’s punishment is somewhat unreasonable, and thus, the Defendant’s assertion is reasonable.

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.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the 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 relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act: