공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (in fact-finding, unreasonable sentencing) is erroneous in the misapprehension of facts and affecting the conclusion of the judgment by misapprehending the fact that the Defendant was guilty of the charges in this case, even though he did not assault the fire fighter on two or three occasions by the mother and child used by the Defendant in order to resist the excessive response of police officers in the course of dispute between B and fire fighters.
Punishment (one million won of fine) imposed on the defendant by the court below is unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio determination, the Defendant denied the facts charged in the instant case at the time of the trial (in the case of a request for a formal trial submitted by the Defendant, the Defendant denied the facts charged in the instant case). This court revoked the order of the court below that the Defendant decided to adjudicate in a summary trial procedure pursuant to Article 286-3 of the Criminal Procedure Act on the grounds that the confession at the court below was not reliable on the date of the first trial. In this regard, the court below was no longer maintained.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio reversal.
According to the evidence duly adopted and examined by the trial court on the assertion of mistake of facts, the defendant's assertion of mistake of facts is without merit, since the defendant's assertion of mistake of facts is without merit, since he/she was found to have exceeded Do's face and neck from Do's mother used by the defendant when the police officers arrive at the site after receiving the report.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the allegation of unfair sentencing, and it is again decided as follows.