The judgment of the court below is reversed.

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

except that, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

2. The instant crime was committed by the Defendant by using violence against a police officer who is lawful performance of official duties, thereby undermining the authority of the public authority and hindering the establishment of a legal order, and thus, it is necessary to do so strictly. On December 6, 2012, the Defendant was sentenced to two years of suspension of execution on the grounds of obstruction of performance of official duties, etc. in the Gwangju District Court’s net Branch Branch Office, which was sentenced to two years of imprisonment on December 14, 2012, which was decided on December 14, 2012, and the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime even though he/she had been under suspension of execution period. However, the Defendant recognized the instant crime, and the Defendant appears to be against the progress of the instant crime through the detention period for about four months, and deposited KRW 1.5 million in the lower court for the victimized police officer, and there were some other circumstances to be considered in the process of the instant crime, and the Defendant’s assertion of unfair sentencing is unreasonable in consideration of all the circumstances following the instant case.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act, the choice of applicable Article on criminal facts, the choice of punishment, and Article 257 (1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The Criminal Act, the suspension of execution;