The part of the judgment of the court below against violation of the Punishment of Minor Offenses Act and the judgment of the court below No. 2 shall be reversed.

The defendant is punished by a fine.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles: Inasmuch as the arrest of a flagrant offender against the defendant is illegal, the defendant's act against it does not constitute a crime of obstructing the execution of official duties.

B. Sentencing: Each sentence of the original judgment [the sentence of KRW 2 years of the suspension of the execution of each official duties (as to interference with the execution of each official duties in October), the fine of KRW 600,00 (as to the violation of the Punishment of Minor Offenses Act), and KRW 2: the fine of KRW 100,000] is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The Defendant filed an appeal against the lower judgment, and this Court decided to jointly deliberate on each of the above appeals cases.

Article 38(1) of the Criminal Act applies to the crime of violation of the Punishment of Minor Offenses Act and the crime of violation of the Punishment of Minor Offenses Act and the crime of violation of the second judgment in the judgment of the court below in the judgment of the court of first instance, since one punishment shall be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the part of the judgment of the court of first instance concerning the crime of violation of the Punishment

However, since the judgment of the court below of first instance imposed a different type of punishment on the crime of obstructing the execution of official duties, the above part shall not be reversed ex officio on the sole ground of consolidated examination.

3. Determination on the part of the lower judgment regarding the crime of obstructing the performance of official duties

A. In light of the misunderstanding of facts and legal principles, the Defendant also asserted as the grounds for appeal in this part of the first instance court, and the first instance court rejected the Defendant’s assertion on the grounds of detailed reasoning.

Since the judgment of the court below No. 1 is examined closely by comparing it with the records, the defendant's assertion is without merit.

B. Although there are favorable grounds for sentencing, such as: (a) examining the illegal part of sentencing regarding a crime of obstructing the performance of official duties; and (b) having been sentenced to a fine one time to commit a crime of violating the Punishment of Minor Offenses Act against the Defendant; (c) the police officers, who have been in custody of the person under the influence of alcohol, who were in the police box, are duly committing a flagrant