The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

【Judgment on Grounds for Appeal】

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. Although the Defendant had been sentenced to two years of probation for the crime of obstruction of performance of official duties on December 21, 2012, the Defendant committed the instant crime under the same offense during the period of probation, even though he had been sentenced to two years of probation for the crime of obstruction of performance of official duties on December 21, 2012. The instant crime requires that the Defendant be punished by strict punishment, in light of the following: (a) the Defendant, upon receiving a report, she walked another person without any justifiable reason while drinking alcohol; (b) was urged by the police officer dispatched to go home from the police officer after receiving the report, and (c) took a bath at the patrol vehicle without complying with it; and (d) was booming and assaulting the police force

However, in full view of the following facts: (a) the Defendant did not have much been punished by a fine beyond the above suspended sentence; (b) the Defendant suffers from intellectual disability; (c) the Defendant flasing alcohol in a state of force due to his father’s death, occupation, and family environment; and (d) the Defendant’s age, character and behavior, occupation and family environment; (c) details and result of the crime; and (d) various sentencing factors indicated in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment 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 as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[Reasons for the decision to see] Criminal facts and summary of evidence of the defendant recognized by the court is identical to that of each corresponding column in the decision of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act concerning facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;