공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Since the Defendant uses violence against a police officer when taking protective measures against the Defendant after the police officer’s 112-report was completed, the Defendant cannot be deemed to have interfered with the police officer’s performance of duties concerning handling reports by assaulting a police officer as stated in the facts constituting an offense in the lower judgment.
B. The lower court’s sentence on the Defendant of unreasonable sentencing (or four months of imprisonment, one year of suspended sentence, 40 hours of alcohol treatment lectures, and 40 hours of violent treatment lectures) is too unreasonable.
2. Determination
A. In the crime of obstruction of performance of official duties as stipulated in Article 136(1) of the Criminal Act, "in the crime of obstruction of performance of official duties" does not refer only to the case where a public official actually performs an act necessary for him/her to perform his/her duties, but also to the case where a public official is in a working state for him/her to perform his/her duties. In accordance with the nature of his/her duties, it is inappropriate to individually separate the process of performing his/her duties and to discuss the commencement and termination thereof individually
(See Supreme Court Decision 200Do3485 Decided April 12, 2002, etc.). According to the evidence duly adopted and examined by the court below, the police officers E belonging to the Gyeonggi-do Police Station D District shall receive I’s 112 report that “E was sent to the defendant, who is a company partner,” along with other police officers in Gwangju-si B apartment complex, and identified the reported contents by separately hearing the statement of the defendant, I and her husband. The police officers shall hear the statement of the defendant, I and her husband, and then inquire into the reported contents of 112 report. Since the extent of assault damage is not relatively serious in the reporter’s side, it is the fact that E requested to return the defendant under the influence of alcohol at the same time, and communication with the defendant, which makes it impossible to know about the alcohol at the time.