The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

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

2. The Defendant has the following disadvantageous circumstances:

In order to establish the legal order and eradicate the light of public authority, it is necessary to strictly punish crimes of obstruction of performance of official duties.

The Defendant had been punished for a fine due to a violent crime even before the instant crime was committed.

However, there are the following favorable circumstances for the defendant.

The defendant is against all of the crimes of this case, including the part partially denied by the court below for the first time.

When the defendant is in a trial, the victim has not been punished for the defendant by agreement with the victim.

There is a family member to support the defendant.

In light of the sentencing conditions as shown in the argument of this case, including the circumstances favorable to the defendant, the sentence imposed by the court below was changed in the trial, resulting in the change in the sentencing conditions, so it was too unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Dao-written judgment] The summary of facts constituting an offense and evidence recognized by this court is cited in accordance with Article 369 of the Criminal Procedure Act, except where the court below's "1. Part of the defendant's court testimony" in the summary of evidence is "1. The defendant's court testimony" as "1. The defendant's court testimony" is the same as the corresponding column of the judgment below.

Application of Statutes

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Selection of the penalty;