The defendant's appeal is dismissed.

Summary of Reasons for appeal

A. misunderstanding of facts or misapprehension of legal principles, ① the Defendant confirmed that the subsidy was not paid, and resisted to the effect that he did not immediately participate in theization and did not interfere with the performance of official duties.

② Since the Defendant was unable to properly perform his duties, resulting in the instant crime, which was committed by a public official in charge, the Defendant’s act does not constitute a crime that does not violate social norms.

B. The Defendant was suffering from the fluoral disorder, fluoral disorder, depression, and alcohol alcohol, etc. However, even at the time of the instant crime, at the time of the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to the foregoing disease under the influence of alcohol.

(c)

The punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

2. Determination

A. Determination 1 on the assertion of misunderstanding of facts or legal principles is established when a person assaults or intimidates a public official performing official duties (Article 136 of the Criminal Act). Interference with the performance of official duties refers to an act of notifying harm for the purpose of causing fear to the other party. The content of harm and injury notified refers to an act of notifying harm to the other party, taking into account the circumstances at the time of the act, such as the developments, the surrounding circumstances at the time of the act, the offender’s tendency, the degree of friendship with the other party, and the mutual relation between the offender and the school, etc., and the other party should feel fear objectively. The intimidation is not a intimidation if the other party’s threat is minor and the other party does not take place at all (see Supreme Court Decision 2010Do15986, Feb. 10, 201). According to evidence duly adopted and duly examined by the lower court, the Defendant, prior to the commission of the instant crime, citing trees and pipes in the C community service center, which is the place of the instant crime.