공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The Defendant, as stated in the instant facts charged, did not commit any assault against police officers E, and had no intention to obstruct the execution of his duties by drinking alcohol.
B. misunderstanding legal principles (1) At the time of the instant case, the police officers’ first forced restraint, the use of locks, and the neglect of long time against the Defendant at the time of the instant case shall be deemed to be unfair physical restraint. Then, the act against E may be deemed to constitute an act of a claim against illegal performance of official duties, and such act cannot be deemed to constitute an act of interference
(2) The arrest of a flagrant offender who interfered with the performance of official duties against the Defendant is an illegal arrest that does not require any necessity, and that does not notify the principle of disturbance.
(c)
It is unfair that the sentence of the court below (one year of suspended sentence in April) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the lower court on the assertion of facts, the lower court: ① reported on January 9, 2016, 2016 that F and H were under the influence of alcohol by male, around 112, around 201:07, around C apartment 2: 101, and around 102, and discovered that the Defendant was under the influence of alcohol, and the Defendant was under the influence of 102 front door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, and the Defendant’s desire to restrain and check personal information was under the control of the police officers, and the police officers were forced to move out of the front door door door door door door door door door door door door, and the Defendant could have been under the control of the police officers, and the Defendant could have been under the control of the Defendant’s family door door door door door door door door door door door door door up to the above door door door door door door door.