A defendant shall be punished by imprisonment for not less than five months.

2. The crime of this case is a situation unfavorable to the Defendant, such as the fact that the Defendant assaults a police officer in the course of performing official duties to interfere with his performance of duties, and at the same time, injury to the police officer is not good in light of its content, method, etc., and that there is still no agreement with the damaged police officer, and that the Defendant has been punished several times due to the same obstruction of performance of duties.

However, considering the favorable circumstances such as the Defendant’s recognition of the instant crime and the degree of injury suffered by the police officer, the Defendant appears to have committed the instant crime under the status of suffering from stimulative disorder, and the circumstances to be taken into account, as well as other favorable conditions such as the Defendant’s age, character and behavior, environment, background, method, method, and circumstances after the commission of the instant crime, etc., and the sentencing conditions indicated in the instant records and arguments, the sentence imposed by the lower court is somewhat 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 it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of penalty;