Of them, the part against Defendant C shall be reversed.

Defendant

C Pronouncement of a sentence shall be suspended.

A. In fact-misunderstanding and legal principles, there is doubt as to whether the first police officer’s 112 report at the time of the instant case was the content of domestic violence, and the Defendants did not appear due to domestic violence. Therefore, in a situation where the need to protect the victims of domestic violence is unclear, the police officers of the instant case opened the Defendants’ house, and opened Defendant B’s door, and forced the Defendant to open the door, display his intention of refusal, and intrudes on the Defendants’ house by force, and did not perform the duty to present a certificate under Article 9-4(4) of the Act on the Prevention of Domestic Violence and Protection, etc. of Victims (hereinafter “Domestic Violence Prevention Act”), and therefore entering the Defendants’ residence does not constitute legitimate performance of official duties.

In addition, the refusal of Defendant B's questioning constitutes an act subject to the imposition of fines for negligence under the Domestic Violence Prevention Act, and does not constitute an act subject to the arrest of a flagrant offender.

Therefore, Defendants’ act does not constitute a crime of interference with the performance of official duties as a defense against illegal performance of official duties.

B. The sentence of the lower court against the illegal Defendants in sentencing (the sentence of 4 months for each of the Defendant A and B, the suspended sentence of 1 year, and the fine of 2 million won for each of the Defendant C) is excessively unreasonable.

2. Determination

A. Article 1 of the Domestic Violence Prevention Act provides that “The purpose of this Act is to prevent domestic violence and to protect and support victims thereof.”

Article 9-4 (1) provides that "A judicial police officer shall visit the scene of domestic violence without delay when a domestic violence offense report is received.

“The judicial police officer dispatched under paragraph 1” and paragraph 2 are “the scene reported for the protection of the victim or the relevant place for the investigation of the case.”