The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

except that, for one year from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

2. The following facts are favorable to the Defendant.

The defendant is recognized as committing a crime and is against the law.

The degree of assault against damaged police officers is relatively minor.

There shall be no history of criminal punishment exceeding a fine.

On the other hand, the following is disadvantageous.

When the defendant was punished for trial expenses due to the problem of taxi engineer and fee, he left the scene and solicits the defendant to invalid home, and the defendant is unable to interfere with legitimate execution of official duties by assaulting the police officer without any justifiable reason, and the quality of the crime is not good.

It is necessary to strictly punish the crime of obstruction of performance of official duties in order to protect the legitimate performance of official duties and establish a sound social order.

In 201, the Defendant again committed the instant crime, even though he had had a record of being punished by a fine of KRW 1 million for three times, due to a violation of the Punishment of Violences, etc. Act.

In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., and the various sentencing conditions shown in the instant records and arguments, the lower court’s punishment is deemed to be too uneasible and unfair, and the prosecutor’s assertion is reasonable

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

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as stated in 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

Article 36 of the Act on the Punishment of Criminal Crimes

In addition, Article 136(1) of the Criminal Act, Article 62(1) of the Criminal Act for the suspension of the execution of a sentence for the choice of punishment