Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

2. Prior to the judgment on the grounds for appeal ex officio, the Prosecutor changed the facts charged in the instant case to “in collusion with B that interfered with the legitimate execution of duties by police officers concerning the arrest of flagrant offenders and criminal investigations,” and applied for changes in the indictment with respect to the deletion of Article 40 of the Criminal Act among the applicable provisions of the instant case, the Prosecutor applied for changes in the indictment with regard to the deletion of Article 40 of the Criminal Act. The subject of the judgment of the court below was no longer maintained due to the change in the subject of the judgment.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the judgment below is again decided as follows after oral argument.

【The reason for the judgment of multiple times】 The defendant of the defendant of the crime committed the crime in the D parking lot located in Jeju on September 27, 2015, at the Jeju Provincial Police Agency E around 03:30 on September 27, 2015, assaulted the above H's arms when the defendant arrested I, who is a police officer belonging to Jeju Provincial Police Agency E, as a drinking driver, in order for H to board the patrol vehicle by arresting I, who is a police officer belonging to the Jeju Provincial Police Agency E, as a drinking driver, and preventing the back seat of the patrol vehicle, and the above H's arms were put in line with the police officer while carrying out physical fighting.

Accordingly, the Defendant, in collusion with the above B, interfered with the legitimate execution of duties concerning the arrest and criminal investigation of H in the act of committing a crime.

Summary of Evidence

The summary of the evidence recognized by this court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 136 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;