Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Seized evidence Nos. 1 and 2 shall be confiscated.
Reasons
1. The sentence of the lower court (one year of imprisonment, confiscation) is too unreasonable as the gist of the grounds for appeal is too unreasonable.
2. The crime of this case committed by the Defendant with two knifes and the police officers trying to go to the knife with a knife for the victim police officers, which is highly dangerous, in light of the content, method, place, etc. of the crime, and the nature of the crime is very poor. The crime obstructing the performance of official duties requires strict punishment in order to establish the legal order of the State and eradicate the light of public authority, and to eradicate the light of the public authority, and the fact that the Defendant had been punished twice due to the crime obstructing the performance of the same official duties, etc., are deemed to be disadvantageous to the Defendant.
However, in light of the favorable circumstances, such as the fact that the defendant was aware of the crime of this case and the fact that the above police officer agreed with the victim police officer and the defendant, and that there was no record of criminal punishment exceeding the fine, and other favorable circumstances, such as the defendant's age, sex, sex, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, and all of the sentencing conditions indicated in the records and theories of this case, such as the circumstances after the crime, the sentence of the court below is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the summary of criminal facts and evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below. Thus, the defendant's appeal is accepted in accordance with Article 369 of the Criminal Procedure Act on the grounds that it is reasonable.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;