상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
except that the ruling shall be made for one year from the date of the final judgment.
1. Summary of grounds for appeal;
A. In light of the fact that the Defendant returned to the apartment of this case, which had a high risk of preventing the Defendant from committing an additional crime, such as misconception of facts or misunderstanding of legal principles (as to the acquittal portion), it is a legitimate measure that the police officer again prevented the Defendant from returning to his house.
The lower judgment rendered on a different premise is erroneous by misapprehending the facts or by misapprehending the legal doctrine.
B. The lower court’s sentence (two million won of fine) is too uneased and unreasonable.
2. Judgment on misconception of facts or misapprehension of legal principles
A. Article 2 subparag. 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence, such as the duty of a judicial police officer to take emergency measures against crimes of domestic violence, provides that persons in a de facto marital relationship shall be family members subject to crimes of domestic violence. According to Article 5 of the same Act, a judicial police officer who has received a report on the crimes of domestic violence in progress shall immediately leave the scene and take emergency measures
In addition, Article 6 of the Act on the Performance of Duties by Police Officers provides that "If a police officer deems that a crime is about to be committed in his/her presence, he/she may issue a warning to the persons concerned to prevent such crime, and in cases of emergency in which such act causes or is likely to cause serious damage to human life or body, he/she may restrain such act."
B. In the instant case, in light of the following facts and circumstances revealed by the evidence duly admitted and investigated by the lower court, it is justifiable to determine that police officers E, etc. may threaten the victim D if the Defendant re-enters the instant apartment, and that he/she re-enters the instant apartment.