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 decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. The judgment is based on the following facts: the crime of this case was committed by assaulting a police officer who properly performed his duties; the nature of the crime was poor; the defendant had been punished for the same kind of crime; and the crime of this case was committed during the period of suspension of execution.

However, the defendant seems to have reached the crime of this case in a drunken manner, the degree of assault exercised by police officers is not limited, and his mistake is unrecepted in depth while living in custody for a considerable period of time, and he does not repeat again.

In full view of the fact that there are different kinds of sentencing conditions as shown in the arguments in the instant case, such as the Defendant’s age, sex, environment, the process and consequence of the instant crime, the circumstances after the crime, etc., the lower court’s punishment is somewhat inappropriate, and thus, the Defendant’s argument of sentencing is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it 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 applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;