공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal (misunderstanding of facts) is as follows. The voluntary accompanying of this case was made after a lawful notification was completed. Since the defendant expressed a desire or brut by seriously interesting the defendant, and used the locks pursuant to Article 10-2 (1) 2 of the Act on the Performance of Police Officers' Duties, it cannot be deemed unlawful. Thus, the voluntary accompanying of this case was legitimate execution of duties.
Nevertheless, the judgment of the court below which found the defendant not guilty of the facts charged in this case is erroneous and erroneous.
2. Determination
A. On September 6, 2016, the summary of the facts charged of the instant case: (a) the Defendant received a witness’s report and sent to the D Jeong-dong Police Station Estation, F, etc. for the purpose of verifying the instant case on the grounds that he/she had been sent to the police station Estation of the Yongsan-dong Police Station, which was sent by the Defendant at the front of the D Jong-si Police Station located in the wife population C, and received a witness’s report and sent to him/her, and voluntarily carried to the police station Es
피고인은 같은 날 16:58 경 용인시 처인구 G에 있는 용인 동부 경찰서 E 파출소 안에서, 술에 취하여 소란을 피우던 중 사건 경위 확인을 위해 피고인을 진정시키는 경위 F에게 “ 죽여 버린다” 고 욕설을 하며 발로 F의 다리와 팔을 걷어찼다.
Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.
B. 1) Article 199(1) of the Criminal Procedure Act specifies the principle of voluntary investigation.
In the form of the investigator's accompanying the suspect to the investigative agency, etc. in the form of obtaining consent from the investigative agency, since there is no way to suppress the suspect's physical freedom because it is restricted and substantially similar to the arrest, it is not possible to guarantee voluntaryness as well as institutionally, and it is also a variety of guarantee devices that the Constitution and the Criminal Procedure Act grants to the suspect under arrest and detention on the ground that it is a transfer of the regular arrest and detention stage.