1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for four months;

3. However, for a period of one year from the date this ruling becomes final and conclusive.

1. The sentence (6 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The judgment of the defendant is favorable to the fact that the defendant recognized the crime of this case and is against the defendant, and that the defendant has no record of crime exceeding the fine.

However, the crime of this case is an unfavorable circumstance, such as that the Defendant took a bath to a police officer performing his duties without any particular reason, and assault and interfered with a police officer’s legitimate performance of official duties, and the nature of the crime is very poor, and that there is no circumstance for the Defendant to seriously endeavor to recover damage from the crime of this case to the trial of the party.

In addition, in order to establish a law and order and eradicate the danger of public power, it is necessary to strictly punish police officers who wear their uniform to commit crimes that interfere with the performance of public duties.

In full view of the aforementioned circumstances and other circumstances, comprehensively taking into account the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the various conditions of sentencing as indicated in the present case, the sentence imposed by the lower court is too uneasible and unreasonable.

Therefore, the prosecutor's improper argument of sentencing is justified.

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 after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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