The judgment below

Among them, the part of damage to public documents and interference with the performance of each official duty shall be reversed.

Defendant shall be punished by imprisonment with prison labor for a period of ten months.

1. The summary of the grounds for appeal 1) The Defendant was physically and mentally weak at the time of committing the instant crime.

2) The sentence of the lower court (a year of imprisonment, a fine of KRW 600,00) that was unfair in sentencing is too unreasonable.

2. 직권 판단 1) 이 부분 공소사실의 요지 피고인은 2017. 11. 17. 01:30 경 위 G 파출소에서 경범죄 처벌법위반의 현행 범인으로 체포되자 위 파출소 소속 순경 H의 오른팔 부위를 발로 걷어찼다.

At around 03:10 on the day, the Defendant continued to go into the custody room after being transferred to another Pyeongtaek-si police at the center of Pyeongtaek-si, and was working in the detention room, the Defendant expressed to 1 that she “dle, snick, snick, snick, snick, snick, snick, etc.” while working in the detention room, and she snicked the I’s bat and snick.

Accordingly, the defendant assaulted police officers who were performing legitimate duties on criminal investigation, thereby hindering the execution of official duties.

2) The lower court found the Defendant guilty of this part of the facts charged based on the evidence submitted by the Prosecutor.

3) (1) In a case where a public prosecutor of the relevant legal doctrine or a judicial police officer arrests a current offender, he/she must give an opportunity to defend himself/herself by stating the summary of the suspected fact, the grounds for arrest, and the appointment of a defense counsel (Articles 213-2 and 200-5 of the Criminal Procedure Act). Such notice should be given in advance before entering an exercise of real force for arrest.

However, if a person who gets away a suspect or who is in opposition against violence is forced to do so by force, he/she shall be notified in the course of putting in or suppressing the suspect, or shall be notified without delay after putting in or suppressing the person.

Article 136 of the Criminal Code is established only when the execution of official duties by a public official is legitimate, and the legitimate execution of official duties is limited to the abstract authority of a public official.