The judgment of the court below is reversed.

Defendant

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

except that this judgment.

Summary of Grounds for Appeal

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. Defendant B1) Mental and physical disability: The instant crime committed under the influence of alcohol by the Defendant, thereby falling under weak mental and physical conditions. 2) Unreasonable sentencing: The sentence imposed by the lower court (two months of imprisonment, two years of suspended execution, two years of probation, 40 hours of probation, 80 hours of community service order, and 80 hours of community service order) is too unreasonable.

2. Determination

A. In light of the background leading up to the instant crime, method of the crime, circumstances before and after the crime, and the speech and behavior at the time, etc., Defendant B cannot be deemed to have committed the crime under the influence of distinguishing objects or lacking the ability to make a decision. Thus, Defendant B’s assertion of mental disorder is without merit.

B. The circumstances favorable to Defendant A’s assertion of unfair sentencing (the fact that the Defendant recognized liability for each of the crimes of this case, the degree of injury suffered by the victims is relatively excessive, the Defendant agreed with the victims of joint injury in the trial, and deposited KRW 500,000 to the police officers who suffered the injury) and unfavorable circumstances [the crime of joint injury by carrying out time expenses to the victim E who was sitting on the next table without any particular reason], and the crime of obstruction of performance of official duties needs to be avoided the legitimate exercise of public power, and it is highly likely to be subject to criticism by exercising the power to the police officers dealing with the case after receiving a report of the crime on his own, and by using force to the police officers dealing with the case. The Defendant was arrested as a flagrant offender, and the Defendant committed a crime of violation of the Punishment of Violence, etc. Act as a similar circumstance to the crime of this case (including a crime of joint injury as a crime of this case).