A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 1, 2017, the Defendant is suspected of attempted suicide at the D Museum parking lot located in Gangseo-si, Gangseo-si, Seoul on December 1, 2017.

“Around the 112 report and sent out to the police station E DistrictF affiliated with the Gangnam Police Station E DistrictF, which intended to secure a person suspected of attempted suicide, “F’s body is pushed away without permission from the police station on the south’s privately-owned land, and assaulted F’s end-time f’s body by continuously carrying the Defendant with a hand-on hand, fall the phone, and walking the Defendant at one time due to a storm.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each legal statement of witness F and G;

1. Relevant photographs;

1. A detailed statement of reported case processing; and

1. Application of each CCTV video CD-related statute;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. Although a police officer’s performance of duties by a police officer, who did not faithfully explain the situation of entry to the Defendant, etc., was lawful and cannot be deemed as a gift activity without justifiable grounds, the Defendant’s act does not constitute a crime of interference with the performance of official duties.

2. Determination

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.

On the other hand, the duties of police officers, including prevention, suppression and investigation of crimes, are duties of police officers to maintain public peace and order (the Act on the Execution of Duties of Police Officers).