The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Since police officers D and E were in a state of termination of official duties at the time of the instant case, even if the Defendant assaulted the above police officers, the Defendant’s act does not constitute a crime of interference with the performance of official duties, since it does not interfere with the execution of official duties by the police officers.

However, the court below which found the defendant guilty has erred by misapprehending the legal principles on the scope of execution of official duties in relation to the obstruction of performance of official duties.

B. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions under the influence of alcohol.

(c)

The punishment of the court below (six months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.

2. Determination

A. (1) Determination of the misapprehension of the legal doctrine on the assertion of misapprehension of the legal doctrine (1) "the execution of duties" does not refer only to the case where a public official actually performs an act necessary for the performance of duties, but also to the case where a public official is in the position of performing duties for the performance of duties

According to the nature of the duty, it is inappropriate to separate the process of performing the duty individually to discuss each commencement and termination in part, or there are considerable cases where it is reasonable to grasp each kind of act as a series of duties by combining several types of acts (see Supreme Court Decision 2008Do9919, Jan. 15, 2009). (2) The following facts are acknowledged according to the evidence duly adopted and investigated by the court below.

① D and E, who are police officers belonging to C police boxes, completed the dispatch of reporting around 16:00 on October 27, 2017 and returned to a police box and were on waiting for the situation.

② The Defendant, at around 14:40 on the same day and around 14:49 on the same day, received the notice of two penalties due to the dumping of waste, etc. from D before the K convenience stores located in the J of the Sungsung-gun, with the intent to resist. D, etc. in front of the said C police box.