The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. 항소이유의 요지 피고인은 경찰관 E의 손가락을 꺽거나 그의 상의를 잡아 뜯은 적이 없으므로 공무집행방해의 공소사실을 유죄로 인정한 원심판결에는 사실오인의 위법이 있고, 원심판결의 형(징역 1년)은 너무 무거워서 부당하다.

2. Determination

A. In light of the fact that the Defendant made a confession of the charge of obstruction of the performance of official duties in the original trial in the original trial by the court of the court below, there is no circumstance to suspect the voluntariness of the confession, there is no evidence to prove it, and no new circumstance exists to reverse it in the original trial, the Defendant’s assertion on this part is difficult to accept.

B. In light of the fact that there was a history of punishment several times as a crime of obstruction of performance of official duties, and that the Defendant committed the instant crime during the period of the same repeated crime, the nature of the crime is very high, but considering the Defendant’s age (1941 life), occupation, and all other matters concerning the sentencing specified in the records and arguments of the instant case, the lower judgment’s punishment is deemed unreasonable, and the Defendant’s assertion is reasonable.

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 Articles 136(1) and 245 of the Criminal Act (the point of obstruction of performance of official duties), and the choice of imprisonment with prison labor for the crime;

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

1. Of concurrent crimes, the aggravation of punishment as provided for in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act (the sum of the long-term punishments of the above two crimes) shall be added.