A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On August 2, 2013, at around 18:30, the Defendant committed assault against the victims, such as F of the Seoul Gangseo-gu Police Station Estation, which was called to the scene after having been reported 112, and sent out to the scene after having been reported 112 of the dispute, and F of the situation where the Seoul Gangseo-gu Police Station Estation, which was called to the scene, and scam G, scam the face of the above F while taking a bath to the above F in order that the Defendant was able to have the Defendant returned to the scene, and scam, taken once a drinking face, walked the scam of the above G, who was removed from it next, and scam the scam of the said G.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the control of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

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

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

1. The assertion;

A. The police officers forced the Defendant to go home at the time of the instant crime, and the Defendant committed an assault against the police officers in the course of resistance, as stated in its reasoning. The act of forcing the Defendant to go aboard the patrol vehicle cannot be deemed legitimate execution of duties, and thus, the act of resistance is dismissed as self-defense.

B. Even if the above returned measures constitute legitimate execution of official duties, the defendant, who was under the influence of alcohol at the time, resisted that the above returned measures were erroneous as an arrest act, and thus, there was no intention to interfere with the performance of official duties.

2. Determination

A. As to the assertion of self-defense, the police officer’s duties are not limited to criminal investigation, but also extend to the prevention and suppression of crimes, and the protection of people’s lives, bodies, and property (Article 2 of the Act on the Performance of Duties by Police Officers). Accordingly, the police officer is under the influence of alcohol.