The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. The Defendant, who was arrested as a flagrant offender committing the crime of obstruction of performance of official duties on November 5, 2014 and was released on the following day, again took a bath and assault against the police officer on November 15, 2014, and the police vehicle and the police station after committing the crime, did not seem to have an attitude against the Defendant, such as spiting down, spiting, or taking a bath.

However, in full view of the following circumstances: (a) the Defendant has yet to reach his age, and has hardened in depth his criminal act during his life; (b) the Defendant has not been sentenced to a suspended sentence of one year due to a crime of escaping military service; and (c) there are no criminal records other than a suspended sentence of one year due to a crime of escaping military service; and (d) equity in sentencing with similar cases of the same kind and other circumstances, such as character and conduct, age, family relationship, motive and circumstance of the offense, means and consequence of the offense; and (e) other conditions of sentencing indicated in the record, such as circumstances after the offense, it is deemed that the sentence imposed

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

Criminal facts

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

Application of Statutes

1. Article 136 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment stipulated for the crimes of obstruction of performance of official duties among the crimes of obstruction of official duties on November 5, 2014, and punishment for the crimes of obstruction of official duties on F of a police officer with heavier criminal situation);

1. Selection of each sentence of imprisonment;