A defendant shall be punished by imprisonment for not less than one year and six months.

A seized knife (No. 1).

A. The first instance court convicted the Defendant of the charge of interfering with the performance of official duties and sentenced the Defendant to six months of imprisonment, and the second instance court convicted of the charge of violating the Punishment of Violences, etc. Act (a group deadly weapon, etc.) and sentenced the Defendant to one year and six months of imprisonment and confiscation.

B. The Defendant appealed against the judgment of the court of first instance on the grounds that the sentencing was unfair, on the grounds that the judgment of the court of second instance was erroneous, on the grounds that there was an error of fact and unfair sentencing, and the judgment prior to the remanding of the judgment of the court of first instance reversed all the judgment of the court below on the crime of concurrent crimes as stipulated in the former part of Article 37 of the Criminal Act, and sentenced the Defendant to imprisonment for a year, six months, and confiscation.

(c)

With respect to the judgment of the court before remanding, the defendant appealed on the grounds of mistake of facts due to violation of the rules of evidence and unfair sentencing.

In regard to this, the Supreme Court ex officio examined the violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), and reversed the part of the judgment of the court below as well as the part of the violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) and the part of the obstruction of the performance of official duties sentenced to one punishment as a substantive concurrent crime, on the ground that “no aggravated punishment may be imposed by the violation of the former Punishment of Violences, etc. Act pursuant to Article 1(2) of the Criminal Act, and only can be punished by Article 258-2(1) of the Criminal Act.”

2. Summary of grounds for appeal;

A. The Defendant misunderstanding of facts knife a knife, which is a dangerous thing, and did not inflict an injury on the victim E (hereinafter “victim”).

B. Each sentence sentenced by the court below to the defendant (the first instance court: imprisonment with prison labor for 6 months, and the second instance court: imprisonment with prison labor for 1 year and 6 months and confiscation) is too unreasonable.

3. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

A. This court is against the judgment of the court below.