The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. In light of the motive and background of the instant crime, method of the commission of the crime, etc., the fact that the nature of the crime is extremely poor, and the crime of obstructing the performance of official duties requires strict punishment in order to protect legal order and establish public authority, etc.

However, in full view of all the sentencing conditions indicated in the records and arguments of this case, including the Defendant’s age, sexual conduct, family relationship, means and consequence of the crime, circumstance after the crime, etc., it is necessary to give the Defendant an opportunity to reflect his mistake and improve his character and conduct in a state that has not been isolated in society, and to reflect all the sentencing conditions indicated in the records and arguments of this case, such as the Defendant’s age, sexual conduct, family relationship, means and consequence of the crime, etc.

Since the court below's punishment is too large, it is judged that the punishment is unfair.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article of the Criminal Act, Articles 320, 319 (1) (a) of the Criminal Act (a point of intrusion upon a dangerous article), Articles 144 (1) and 136 (1) of the Criminal Act (a point of obstructing the performance of official duties carrying dangerous articles, and choice of imprisonment with prison labor) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;