The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. Legal doctrine misunderstanding of the legal doctrine (a part that interferes with the performance of special duties) merely intended to protect the Defendant from being hospitalized in a hospital with a knife to avoid detention, and thus does not constitute intimidation against the victimized police officer.

B. The Defendant of mental and physical weakness committed each of the crimes of this case by losing the control ability due to the breathment of alcohol.

(c)

The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

2. Determination

A. 1) In order to establish a crime of intimidation in the relevant legal doctrine as to the assertion of misunderstanding of legal principles, the content of harm and injury notified must be sufficient to cause fear to ordinary people, in full view of various circumstances before and after the act, such as the relation between the perpetrator and the other party, surrounding circumstances at the time of notification, and the degree of friendship and status between the perpetrator and the other party. However, it does not require the other party to feel feel realistically, and as long as the other party recognized its meaning by notifying harm and injury to such an extent that the other party recognized its meaning, the elements of harm and injury, regardless of whether the other party realistically caused fear, shall be interpreted as satisfying the requirements of intimidation, thereby leading up to the completion of

In addition, the act of notifying harm in the crime of intimidation is ordinarily based on ordinary language, but it may, depending on the case, give notice of harm and injury (see Supreme Court Decision 2010Do14316, Jan. 27, 201). 2), as alleged by the Defendant, the Defendant, as alleged in the judgment, did not pose a threat to other persons as a knife knife knife with one’s own hand, knife with one’s hand. However, it is recognized that the lower court duly adopted and investigated the following circumstances recognized by the evidence, namely, ① Police Officers dispatched after receiving a report 112 at the time of the crime of this part, after hearing the reporter’s statement, and receiving a request for isolation from the reporter’s Defendant.