All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. In relation to the judgment of the first instance court, the Defendant merely expressed a desire to a police officer outside the police station, other than the police station, at the time of committing the crime, and there was no intention to interfere with the performance of official duties. Therefore, the judgment of the first instance court is unreasonable.

B. As to the judgment of the second instance court on mental and physical weakness, the second instance judgment on the ground that the Defendant was taking the heart drugs at the time of committing the crime and was in a state of mental and physical weakness that had been under the influence of alcohol, and thus, the second instance judgment is unreasonable.

(c)

In relation to the judgment of the court below 200s, since the defendant exceeded the scope of legitimate performance of official duties at the time of committing the crime, and used violence against police officers using the defendant's telephone machine, the judgment of the court below 2 which recognized the crime of obstructing the execution of official duties is unreasonable.

(d)

The punishment of each sentence sentenced by the judgment below (the judgment of the court of first instance: imprisonment with prison labor for 6 months and 2 months: imprisonment with prison labor for 6 months) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold a joint hearing of the above two appeals cases. Each of the crimes in the judgment of the court below Nos. 1 and 2 are concurrent crimes under the former part of Article 37 of the Criminal Act, and they should be sentenced to a single sentence by judgment.

In this respect, the judgment of the court below is no longer maintained.

However, notwithstanding the above reasons for reversal ex officio, the defendant's misunderstanding, mental and physical weakness, and misunderstanding of legal principles are still subject to the judgment of this court, and this is examined below.

B. The following facts and circumstances, which can be acknowledged by the evidence duly admitted and investigated by the first instance court and the first instance court, as to the assertion of mistake of facts, are, i.e., the policeman F belonging to the D District, consistently conducted on the earth at the time of the investigation agency.