The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The police officers of the misunderstanding of the facts and the legal principles were able to transfer the defendant to his/her guardian, such as workplace fellows or his/her family members at the time, but did not take such measures. The defendant did not accept the summary of the crime, the reasons for arrest, the right to appoint a defense counsel, the right to refuse to make statements, and the opportunity to defend himself/herself under the influence of alcohol at the time of arrest, and notified the defendant of the fact

Even if it cannot be said that it is legitimate, the act of the police officers in mobilization is illegal execution of official duties.

B. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of the instant case.

(c)

The sentence of the court below's unfair sentencing (6 months of imprisonment, 2 years of probation, 80 hours of community service order) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. Interference with the performance of official duties under Article 136 of the Criminal Act is established only when the performance of official duties by a public official is legitimate. Here, legitimate performance of duties refers to a case where the act is not only within the abstract authority of a public official, but also meets the legal requirements and methods concerning specific performance of duties.

Meanwhile, the duties of police officers, including prevention, suppression, and investigation of crimes, are applicable to the duties of police officers (Article 2 of the Act on the Execution of Duties by Police Officers). Specific details, details, methods, etc. of such duties are delegated to a reasonable discretion based on the professional judgment of police officers.

I would like to say.

Therefore, if a police officer performs duties concerning the suppression, investigation, and maintenance of order in accordance with the judgment that he/she is appropriate to take measures within the scope of his/her personal and physical ability in light of specific circumstances, such duties cannot be deemed unlawful unless it is deemed that such duties are significantly unreasonable as he/she loses objective legitimacy (see Supreme Court Decision 2010Do7621, Nov. 11, 201). B. The Defendant also held in the lower court.