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.

1. The sentence imposed by the court below on the summary of the reasons for appeal (the imprisonment of eight months and the suspension of execution of two years) is too unreasonable.

2. Each of the instant crimes committed by the Defendant, without any particular reason, destroyed a passenger car owned by the victim, and assaulted two police officers dispatched after being reported to the 112 Reporting Center, thereby causing an injury, and at the same time obstructing legitimate execution of duties, the nature of the crime is not good.

However, the fact that the defendant recognized the crime of this case and reflected against the defendant, that the defendant did not want the punishment of the defendant by agreement with the victim of the damage to the property of this case, that the damaged police officer wanted the defendant's wife, that the defendant lost his ability due to excessive drinking at the time and led to the crime of this case, and that the defendant has a habit of drinking behavior against the defendant.

In full view of all the circumstances shown in the records and arguments of this case, such as the fact that the defendant is the first offender, the age, sexual conduct, environment, motive or background of the crime, means and result, the circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable.

3. As such, the defendant'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 the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column 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 in relation to the facts constituting an offense (the point of obstructing the performance of official duties), Article 257 (1) of the Criminal Act (the point of inflicting an injury) and Article 366 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act for each ordinary competition (inter-Korean between a crime of obstructing the performance of official duties and an injury);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Attraction of a workhouse;