The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. In light of the fact that the Defendant, in 2009, committed another crime of obstruction of the performance of official duties, even though he/she had the record of punishment for the suspension of the execution of each imprisonment due to the crime of obstruction of the performance of official duties in 2015, and again committed the instant crime, the degree of assault against the police officer is not somewhat weak, and the Defendant has the record of being sentenced to multiple criminal punishment due to the crime of violence, etc., the sentence of imprisonment with prison labor against the Defendant is inevitable.

However, considering the fact that the defendant shows an attitude against the defendant's wrong recognition, that there is no sentence of imprisonment or imprisonment without prison labor imposed on the defendant, that the victimized police officer does not want the punishment against the defendant in consultation with the victimized police officer during the trial period, and other various sentencing conditions stated in the arguments of this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence, etc., the sentence imposed by the court below is somewhat 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.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;