The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the sentence shall be imposed for a period of one year from the date this judgment becomes final and conclusive.

The summary of the grounds for appeal (unfair sentencing) asserts that the defendant is unfair due to the excessive reduction of the punishment of the court below (one year of imprisonment with prison labor for four months and one year of suspended execution), and that the prosecutor is too unfeasible to the sentence of the court below and thus unfair.

2. The Defendant’s age is relatively old, and the Defendant appears to reflect the wrong, and there is no record of criminal punishment exceeding the fine, which is favorable to the Defendant.

However, the degree of injury inflicted by the defendant on the police officer and the degree of interference with the performance of official duties is less severe.

The Defendant, upon arrival at the police box, seems to spite or spit the victim police officer and take a bath, and the damaged police officer failed to drive a patrol vehicle for a period corresponding to the Defendant’s test). The Defendant had the victim police officer go seriously to the police officer.

When considering the fact that there is no material to see that there is no evidence to see, and that there is a criminal record of the same kind, such as assault, etc., the lower court’s punishment is unfair because it is too uneasible, so the prosecutor’s argument of sentencing is reasonable, and the

3. As such, 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 the court below is decided as follows after pleading (as long as the prosecutor’s appeal is reversed on the grounds of its reasoning, it does not dismiss the defendant’s appeal in separate text). 【Grounds for the judgment which is used again” The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are the same as that of each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with

Application of Statutes

1. Article 136(1) of the Criminal Act regarding criminal facts; Article 62(1) of the Criminal Act on the suspension of sentence of imprisonment with prison labor; Article 62(2) of the Social Service Order Act prior to the grounds for sentencing under Article 62-2 of the Criminal Act