The judgment of the court below is reversed.

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

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

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is an unfavorable circumstance to the defendant, including the following: the police officer's refusal to comply with the police officer's lawful demand for alcohol measurement; furthermore, the police officer's desire to commit assault, obstructing the performance of official duties by assault, and causing bodily injury to the police officer; thus, the nature of the crime is serious; the method and attitude of the crime; the degree of injury suffered by the police officer is not less than 45 days; the degree of injury suffered by the victim is not less than that of an external wound that requires medical treatment for about 45 days; the defendant has been sentenced to suspended sentence due to an act of violence in the past; and the defendant committed the crime of this case in the same kind when he was punished due to a

However, in light of the following facts: (a) the Defendant made confession of all of the instant crimes and is in violation of depth; (b) the police officer, who is the victim of obstruction of performance of official duties and injury, had the intent to avoid the punishment of the Defendant; (c) the Defendant appears to have an opportunity to care for his/her wrongness through confinement life for more than two months; (d) the Defendant is in a position to support his/her mother and his/her father and father’s father, among the poor economic circumstances; and (e) the health condition is not good; and (e) the Defendant’s age, character, character, environment, family relationship, and all of the sentencing conditions specified in the instant case, including the background and consequence of the instant crime; and (e) the lower court’s punishment against the Defendant is somewhat unreasonable.

Therefore, the above argument of the defendant is reasonable, and the prosecutor's above argument is without merit.

3. In conclusion, the judgment of the court below is based on Article 364(6) of the Criminal Procedure Act, since the defendant's appeal is justified.