The sentence of sentence against the defendant shall be suspended.

A. In fact, misunderstanding of the legal doctrine and 1) Intention: The Defendant committed a crime without the awareness and intent to interfere with the remaining performance of official duties performed by a woman-friendly woman who was married with alcohol exceeding the amount of usual liquor from his father.

Therefore, the defendant intentionally committed the crime of this case.

The judgment of the court below is erroneous in the misapprehension of facts and legal principles.

2) Mental and physical disorder: The Defendant was in a state of mental and physical loss or mental weakness at the time of committing the instant crime.

Therefore, the judgment of the court below which rejected the defendant's mental and physical disorder is erroneous by misunderstanding of facts and legal principles.

B. Even if a crime of interference with the execution of official duties is established even if the sentencing is unfair, the lower court’s punishment (five million won in penalty) is too unreasonable.

2. According to the evidence duly admitted and examined by the court below as to the assertion that the defendant did not have intention, the defendant could sufficiently recognize the fact that he assaulted two police officers who attempted to interfere with the performance of official duties. Thus, this part of the defendant's assertion is without merit.

3. Judgment on the assertion of mental disorder

A. In determining the existence and degree of mental disorder under Article 10 of the Criminal Act, the court may independently determine the following facts by taking into account the following factors: (a) the existence and degree of mental disorder under Article 10 of the Criminal Act does not necessarily necessarily depend on the expert’s appraisal; and (b) the relevant materials and the Defendant’s legal attitude, such as the background, means, actions before and after the commission of the crime, etc., are considered (see Supreme Court Decisions 97Do1142, Jul. 25, 1997; 2006Do7467, Dec. 22, 2006).

1) 여자친구의 부모님과의 만남 가) 피고인은 교제하던 여자친구 E과 결혼을 앞두고 1ℓ 들이 양주 1 병을 들고 E의 부모님 댁에 인사를 드리러 갔다.

B) In order to identify the Defendant’s main volume, brush, etc., the father of E solicited the Defendant to drink 1 soldier each week at each of the above two weeks, and the Defendant is ordinary.