A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant, around 02:00 on July 12, 2015, destroyed the breath in front of the building Kimhae-si, “A person under the influence of alcohol”.

“A police officer, who was called up upon receipt of a report 112, was on board the patrol vehicle voluntarily parked in response to the demand of voluntarily accompanying the police officer E (27 tax) from the police officer assigned to the D police station D police station due to the investigation of the charge of property damage to the D police officer, and assaulted E’s grandchildren, etc. and the buckbucks.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. The defendant's defense counsel asserts to the effect that the defendant's act does not constitute an obstruction to the execution of official duties, since the defendant's request for voluntary accompanying and the report of voluntary accompanying from the suspect [the defendant's defense counsel committed the act of this case against illegal arrest.]

However, in full view of the evidence presented above, it can be seen that the defendant was boarding the police station according to the police officer's instruction to respond to the police officer's demand for voluntary accompanying at the time of the instant case, and that the defendant committed the same act as the criminal facts, and it is not recognized that there was a lawful arrest act as argued by the

In addition, it seems that there was no additional legal point in the police officer's performance of official duties at the time.

Therefore, the facts constituting the crime of this case are proven, and the defendant's assertion is not recognized.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment.

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation [the type of determination] that interferes with the performance of official duties (influence of performance of official duties and coercion of official duties].