The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The sentence of the lower court (one year of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. As to the grounds for appeal of this case, the crime of this case was committed when the defendant was arrested as an offender in the act of committing a crime under the suspicion of drinking alcohol measurement, and at the same time interfere with the performance of his duties, and at the same time, the victim, who is a police officer, was injured, and the police officer's request for a drinking measurement was not complied with, and the crime was not complied with. The defendant was punished four times prior to the crime related to the violation of the Road Traffic Act, and the crime of violation of the Punishment of Violences, etc. Act (at night and joint injury) on May 28, 2004 and the crime of obstruction of performance of official duties, and was punished as a fine of 1,00,000 won for the crime of violation of the Act on Punishment of Violence, etc. (at night and joint injury) and the crime of aiding and abetting an offender on December 6, 201, and committed repeatedly the crime of this case that is included in the same crime during the suspension period of execution.

However, considering various sentencing conditions in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, criminal record, circumstances leading to the defendant's crime of this case, means and result, situation before and after the crime of this case, etc., the sentence imposed by the court below is too large and unreasonable, and the degree of injury of the victim is relatively minor, and the defendant does not want the defendant's punishment by mutual consent with the victim, and the defendant does not want the defendant's health, and assist the defendant in the operation of the restaurant of the old mother. In addition, considering various sentencing conditions in Article 51 of the Criminal Act as stated in the records of this case, such as the defendant's age, character and conduct, environment, criminal record

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is in accordance with Article 364(6) of the Criminal Procedure Act.