The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for six months of imprisonment, two years of suspended sentence, two years of suspended sentence, and observation of protection) is deemed unreasonable.

2. Determination

A. It is recognized that the victim of the crime of intrusion upon residence did not want the punishment against the defendant, the degree of violence against the police officers seems not to be serious, and the defendant detained for a certain period and has an opportunity to reflect.

B. However, in full view of the following circumstances: (a) the Defendant committed the instant crime without being aware of, even during the period of suspension of execution; (b) the Defendant used violence against many police officers performing official duties; (c) the crime of obstructing the performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority; (d) there is a need to severely punish the Defendant; (e) the Defendant has been punished once imprisonment with prison labor; (e) two times or more of fines; and (e) there are many records of having been punished for violent crimes; and (e) other circumstances that are conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, background of the crime, and circumstances after the crime,

Therefore, the prosecutor's above assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is so decided as follows through a new theory of change.

Criminal facts

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

Application of Statutes

1. Article 319(1) of the Criminal Act applicable to the facts constituting an offense (the point of intrusion upon residence) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution;