The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six 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. Since the defendant at the time of the crime in this case, was in a state that he had the ability to discern things or make decisions due to depression and salutism at the time of committing the crime in this case, the judgment below which did not reduce the degree of mental disorder is erroneous in misconception of facts or misapprehension of legal principles

B. The sentence of the judgment of the court below on unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the determination of the claim of mental suffering, the defendant suffers from depression at the time of the crime of this case, but it is recognized that the drinking was at the time of the crime of this case, but the defendant did not have the ability to discern things or make decisions.

Since it seems that the defendant was in a state or weak condition, this part of the defendant's assertion is without merit.

B. We examine the argument of unfair sentencing, and examine the judgment of the court below on the argument of unfair sentencing, that the defendant recognized the crime of this case and reflects the defendant's depth through confinement life exceeding 2 months, that there was no record of punishment heavier than the fine, and that the defendant agreed with the victim D in the trial. In full view of all the circumstances leading to the crime of this case, the background leading up to the crime of this case, the progress of the crime of this case, the degree of obstruction of the use of the violence of this case and obstruction of the performance of official duties, the defendant's age, occupation, and other matters concerning the sentencing as shown in the records and arguments of this case,

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 136(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties) for criminal facts.