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 two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The instant crime was committed by the Defendant with the kitchen knife and by threatening a police officer on official duty. Such a crime is necessary for strict punishment in that it harms the foundation of the rule of law and simultaneously causes serious bodily harm to police officers by nullifying the legitimate exercise of public authority.

However, the defendant confessions the crime, is against the mistake, and the degree of damage suffered by the police officer is not much serious.

The defendant seems to have committed the crime of this case in a drunken manner.

The defendant has no specific criminal records, except for those sentenced twice to a fine due to the crime of different types.

The defendant seems to have an opportunity to reflect the defendant's work of detention for about five months.

In full view of such circumstances as the Defendant’s age, character and conduct, the motive, means and consequence of the instant crime, and the circumstances after the crime, the lower court’s punishment is somewhat excessive.

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

Since the main text of the judgment of the court below is the same as the corresponding column of the judgment below, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;