beta
(영문) 대법원 2018.12.13 2016도19417

특수공무집행방해

Text

The judgment below is reversed, and the case is remanded to Busan District Court.

Reasons

The grounds of appeal are examined.

1. The summary of the facts charged is that the Defendant has reported 112 times by neighboring residents due to severe highness, humiliations, and dissipating music, etc. in his/her usual house.

On June 8, 2016, around 23:40 on June 23, 2016, the Defendant d'C from adjoining residents in Busan Jin-gu B lending C.

“Around 112, the Busan Police Station D District District of the Busan Police Station, in receipt of the report, and the police officer F, was in scam for scam with the personal phone, and the door was changed. However, “Ig, scam, scam, scam, scam, d. d. d. d. d. d. d. d.”), the police officers sent a food knife ( approximately 37 cm in total length, approximately 24 cm in length, kn. k. k. k. k. k. k. k. k. k. k. k.) and the police officers “Ig, scam, k. k., k. k. k. k. k. k. k. k

In the inside of the Republic of Korea, the death of the dead shall be discarded.

“The police officers, as the knife, threatened the police officers with a knife.”

As a result, the defendant interfered with legitimate execution of duties of the police officer E and F concerning 112 reported duties.

2. The lower court determined that the instant facts charged were proven without reasonable doubt for the following reasons.

Therefore, the judgment of the first instance court is reversed and the defendant was acquitted.

Unlike the facts charged, police officers seem to block electricity without prior notice prior to the defendant's house.

The prosecutor cited Articles 4(1) and 6 of the Act on the Performance of Duties by Police Officers as grounds for the performance of duties by police officers. However, in light of the fact that the Defendant is not a person subject to relief under Article 4(1) of the Act, and the Defendant’s act was merely a cause of noise, etc., it does not appear that the situation at the time falls under “emergency where it is likely to cause harm to a person’s life or body” under Article 6 of the Act on the Performance of Duties by Police Officers.

. the shot of police officers;