The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (six months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.

2. The instant crime committed by the Defendant, while under the influence of alcohol, interferes with the business of the convenience store for twenty (20) minutes, and was committed by the police officer upon receiving a report on 112 by taking the face of the police officer, and thereby causing injury to the police officer, such as a tent, etc., and the nature of the relevant crime is not weak. In particular, in the case of the crime of obstructing the performance of official duties, a serious punishment is required to establish the state’s legal order and eradicate the light of public authority.

However, the Defendant recognized the crime of this case as an initial offender with no record of criminal punishment, and violated the depth of the crime, and C of the victim of the crime interfering with business did not want to be punished by the Defendant, and agreed with the victimized police officer in the first instance.

In addition, in full view of various circumstances that form the conditions for sentencing, such as the defendant's age, sex, environment, record of crime, motive, means and consequence of the crime of this case, and the circumstances after the crime of this case, especially the defendant, supported his living together with his mother and her mother, and living in good faith, the punishment sentenced by the court below is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314 (1) of the Criminal Act (the point of interference with business), Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crimes of injury and the obstruction of the performance of official duties are imposed, and the punishment between the crimes of injury and the obstruction of the performance of official duties is more severe.