The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. Determination is a sentencing data that is disadvantageous to the Defendant, in particular, the fact that the Defendant committed a repeated crime due to the same kind of crime, and the fact that the Defendant committed a repeated crime due to the same crime, and that the obstruction of performance of official duties requires strict punishment in order to establish the legal order of the State and eradicate the light of the public authority.

However, in full view of various circumstances, including the Defendant’s age, character and conduct, environment, circumstances leading to this case, circumstances after the crime, and conditions for sentencing as indicated in the argument in this case, it seems that the sentence imposed by the lower court against the Defendant is somewhat unreasonable, and thus, the Defendant’s assertion is reasonable, since it appears that the sentence imposed by the Defendant against the Defendant is somewhat unreasonable.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the reasons for the reversal of the sentence under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are examined as examined in the above reasons for the reversal of sentence.

It is so decided as per Disposition for the above reasons.