The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Provided, That for a period of one year and six months from the date this judgment becomes final and conclusive.

1. In full view of the following facts: (a) the Defendant’s summary of the grounds for appeal is against the instant crime; (b) the Defendant works as a door-to-door engineer; and (c) the economic difficulty, the lower court’s imprisonment (eight months of imprisonment, two years of suspended execution, two years of probation, community service, 150 hours of community service, and 40 hours of violent therapy) is too unreasonable.

2. In determining whether the Defendant committed an assault to a police officer, such as breathing the police officer and breathing him/her into his/her body, thereby obstructing the legitimate performance of official duties, there are disadvantageous circumstances, such as the fact that the Defendant was punished for multiple violent crimes.

However, the defendant is against the crime of this case in the past, and there are favorable circumstances such as punishment force of violent crime for the last ten years, and working as a selective engineer, which is now economically difficult.

In addition, taking into account the following factors, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed, the sentence of the lower court is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied Reasons for the Judgment] The summary of facts constituting an offense and evidence recognized by the court of this Court is based on Article 369 of the Criminal Procedure Act, inasmuch as the summary of facts constituting an offense and evidence is identical to the description in the judgment of the court below, except for deletion of No. 2, No. 13 and No. 14 of the second, as stated in the corresponding column of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order;

1. Scope of applicable sentences under law: One month to five years; and

2. Determination of sentence: Six months of imprisonment;