공무집행방해등
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. Summary of grounds for appeal;
A. Since misunderstanding of facts or misunderstanding of legal principles demanded that the police officers who were dispatched by the defendant be knee-kel-kel-kel-kel-kel-kel-kel-kel-kel-kel-kel-kel-kel-kel-kel-kel-kel-kel-kel-kel-
Therefore, the defendant's act constitutes self-defense as an act to escape from the illegal arrest of the police officer.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.
2. Determination
A. Before the judgment on the Defendant’s ground of appeal on the ground of ex officio determination, the Prosecutor applied for changes in the indictment of this case as stated in the following facts charged at the trial of the court below, and the subject was changed by this court’s permission. Thus, the judgment of the court below was no longer maintained.
However, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court within the scope of the modified facts charged, regardless of the above reasons for ex officio reversal.
B. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts or misapprehension of legal principles, the court below found the place where the music was set out after receiving a report from July 9, 2012 that the slope E belonging to the Gyeongdong Police Station D police box was unable to sleep by putting the music on a large scale on July 23:25, 2012, and found the Defendant’s side gate, and the Defendant was found in the Defendant’s home gate, and the Defendant was found as a son’s day at the Defendant’s home gate, and the Defendant, who was asked the Defendant, opened the gate, and opened the gate and placed the music on the Defendant’s house, and “I grow to be a music on the inside home, and what she reported.” < Amended by Act No. 11388, Jul. 3, 2015>