Costs of trial in the trial shall be borne by the defendant.

A. The request for measurement of misunderstanding of facts and misunderstanding of legal principles is conducted by a public official on the part of the defendant's house and against the defendant's will while entering the defendant's house, and does not constitute legitimate execution of official duties.

In addition, the Defendant resisted against this, and did not commit violence to the extent that the public official could interfere with the performance of official duties because it was merely a even confluence of public official.

B. Since the Defendant committed a crime under the condition of mental disorder or mental disability, punishment shall be mitigated or exempted.

C. The lower court’s sentence of unreasonable sentencing (two months of imprisonment) is too unreasonable.

2. Determination

A. (1) First, we examine whether the execution of the instant official duties is legitimate, in determining the misunderstanding of facts and misapprehension of the legal principles.

In light of the following circumstances that can be recognized by the evidence duly adopted and investigated by the court below, it can be recognized that the instant public service was lawfully performed within the scope of the authority of the public official in charge, meeting the requirements and methods for performing his/her duties.

This part of the defendant's assertion is not accepted.

- General Matters to be observed

3. he shall observe the guidance and supervision of probation officers and meet with visitors when visiting. - Special matters to be observed;

3. He shall not excessive drinking alcoholic beverages; and

5. - During the period of probation, the Defendant has to undergo a mental therapy, including alcohol alcohol, regularly at the J Hospital located in Soyang-gu I.

- Probation officers must supervise the progress of self-treatment at their own expense in addition to the implementation of orders to attend lectures.

- Probation officers shall take appropriate disadvantageous measures when the defendant violates the above special rules.

(1) On February 3, 2016, the Defendant was sentenced by the Seoul High Court to imprisonment with prison labor for a crime of attempted special robbery, for two years, to imprisonment with prison labor for a period of three years, probation, and 40 hours for alcohol treatment and psychological therapy, and probation of the judgment.