공무집행방해
The judgment below
The guilty part shall be reversed.
Defendant shall be punished by a fine of 3.5 million won.
The above fine shall be imposed on the defendant.
The summary of the grounds for appeal is that the guilty part of the judgment of the court below is a mistake of fact and a violation of the law, which affected the judgment.
In addition, the punishment prescribed by the court of the court of the court below (5 million won) is too unreasonable.
The non-guilty part of the judgment of the court below of the court below is a violation of statutes and affected the judgment.
Judgment
If we examine this case based on the evidence duly adopted and examined as to the defendant's factual mistake and misunderstanding of the legal principles, we find it just and just to recognize the guilty portion among the facts charged in this case as stated in its reasoning.
Since the Defendant did not receive any notification, the Defendant’s unlawful performance of official duties was carried out, and the Defendant’s legitimate resistance was made.
The argument is asserted.
However, according to the video recording between H and the Defendant’s conversation, it can be seen that the Defendant continued to refuse despite having been notified several times from H to H and had been given an explanation, and even if so, the Defendant continued to do so.
The police officer could not complete the investigation only with view to view from the appearance of the child.
No such defective investigation may be conducted.
There are some aspects that the defendant's attitude and behavior, which would be denied into the investigation so that it increased the suspicion of abuse.
The defendant, who is a senior, was able to control and respond to the investigation.
It conforms to the social norms to view.
With respect to the defense counsel's assertion that the warrant requirement is violated, the reasons stated by the court below in detail are reasonable.
Since it is judged, it is used as it is.
The defendant's assertion that there was a mistake or misunderstanding of legal principles that affected the judgment of the court below is not accepted.
As to the prosecutor's assertion of misapprehension of the legal principles, the defendant is a flagrant offender after about 20 minutes passed.