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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

2. The judgment of the court below is inappropriate in light of the fact that the defendant has been punished for the same kind of crime, and the nature and frequency of the crime is deemed significant, but the defendant was sentenced to a suspended sentence of two years for obstruction of the performance of official duties in 193 due to obstruction of the defendant's execution of official duties, etc. The defendant did not have been sentenced to imprisonment without prison labor or heavier punishment, the degree of harm and damage therefrom are somewhat weak, the defendant has an opportunity to reflect the wrong by living in custody for more than four months, and other various sentencing conditions specified in the arguments of this case, such as the circumstances leading to the crime, the defendant's age, sexual behavior, environment, etc., are considered.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to that stated in each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) An attempted crime: Articles 352 and 350(1) of the Criminal Act; Articles 352 and 350(1) of the Criminal Act; the choice of imprisonment;

(b) point of interference with business: Article 314(1) of the Criminal Act, and the choice of imprisonment;

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the attempted crimes with the largest punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (this provision applies to the grounds for reversal);

1. Sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation of protection and observation;

1. The scope of the recommended sentence for the sentencing guidelines - the scope of the sentence for the sentencing guidelines - the category 1 (the territory of recommendation / the territory of recommendation / the territory of recommendation) and the area of mitigation (~8 months) and the special mitigation of the sentence for the general public: