A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

On October 22, 2015, at around 08:50, the Defendant was transported to the D district located in Gangseo-gu Seoul Metropolitan Government F by a slope E, a police officer belonging to the Seoul Gangseo Police Station D District Unit, who was under the influence of alcohol in front of the “C convenience store” located in Gangseo-gu Seoul Metropolitan Government, and called out after receiving a report.

At around 09:20 on the same day, the Defendant: (a) heard the police officer’s words to return home from the lock in front of the said D Zone; (b) sought to leave the stone in front of the said D Zone G to the circumstances where the said Zone belongs; and (c) used the bags attached to the slope E belonging to the said District E by cutting off the shoulder and sprinking the breath.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of life and body of the people and the prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. The defendant asserts to the effect that he had no responsibility because he was in a state of mental disorder under the influence of alcohol at the time of the instant case. According to the materials submitted in the pleading process of the instant case, there are circumstances to deem that the defendant was under the influence of alcohol at the time of the instant case that he was in a state of disability in the ability to discern things or make decisions. However, according to the evidence duly adopted and investigated by the instant court, the defendant at the time of the instant case shows that he was in a state of mental disorder because he was in a state of mental disorder under the influence of alcohol at the time of the instant case. Accordingly, the defendant cannot be subject to reduction or exemption of punishment on the ground that he was in a state of mental disorder pursuant to Article 10(3)

I would like to say.

Therefore, the defendant's above assertion cannot be accepted.

Application of Statutes

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

1. Reasons for sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The basic area of obstruction of performance of official duties.