A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 01:00 on September 4, 2013, the Defendant: (a) 112 reported and sent to the site “A person under the influence of alcohol from the street”; (b) Ga (the age of 45) of the Seoul Mapo Police Station, which was called to the site after having received a 112 report, provided that “A person under the influence of alcohol was unable to know the number of days of treatment” and “a person under the influence of alcohol who was sent to the site, she would be able to die or die, she would be off his/her clothes as a mobile phone while photographing the video with his/her cell phone; and (c) her head received the inside of the said victim G one time, and thereby, inflicted an injury, such as fachip, etc., where

Accordingly, the defendant interfered with legitimate execution of duties by police officers on the control and prevention of crimes, and at the same time injured the victim G.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. The statement of G police officer;

1. The prosecutor's statement of H;

1. A written statement of I;

1. Application of Acts and subordinate statutes governing a certificate of origin;

1. Articles 257 (1) and 136 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Determination on the defendant's assertion of Article 62-2 of the Social Service Order Criminal Act

1. The defendant's use of force constitutes an unlawful performance of official duties for which the necessity to arrest the defendant in the act of committing the crime is not recognized, and the arrest of police officers cannot be deemed as legitimate performance of official duties. Thus, the defendant's above act constitutes legitimate self-defense or passive resistance.

2. Determination

A. The crime of obstruction of performance of official duties under Article 136 of the Criminal Code is established only when the performance of official duties is legitimate. Here, legitimate performance of official duties is not only within the abstract authority of a public official, but also within the legal requirements and methods for specific performance of official duties.