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

A. (1) As the illegal police officers in the performance of official duties refer to the defendant's summary of crime, the reason for arrest and the opportunity to defend himself/herself, and do so with the real force without giving an opportunity to defend himself/herself, the legality of the official's performance of duties was lacking, and accordingly, the act of resistance is not committed with obstruction of performance of official duties.

(2) Although the Defendant was unable or weak to discern things or make decisions under the influence of alcohol at the time of committing the instant crime, the lower court erred by misapprehending the legal doctrine on mental and physical disorder, thereby adversely affecting the conclusion of the judgment.

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

B. The prosecutor’s sentence of the lower court (six months of imprisonment) is too unhued and unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted by the court below as to the allegation of illegality in the performance of official duties are as follows. ① The defendant was under the influence of alcohol with a taxi engineer and a passenger refusal to take the taxi; ② the police officer G belonging to the Silung Police Station E-gu, and F called the taxi engineer on December 6, 2014; ② at that time, the defendant took a bath against himself/herself; ② the defendant was able to take a walk against himself/herself while he/she was under the influence of alcohol. However, the defendant continued to go back the taxi while he/she expressed his/her intention not to punish him/her; ③ the police officer G and F were under the influence of alcohol; ② the defendant was under the influence of alcohol; and ② the defendant was under the influence of alcohol; and ② the defendant was under the influence of alcohol to get the taxi platform in the vicinity of the Silung Police Station; and ④ the defendant continued to operate the taxi on the back of his/her boarding patrol to prevent him/her from operating the taxi.