특수공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles) revealed that in this case, a series of processes for issuing and delivering a penalty payment notice, which was taken after the defendant was discovered to wear a safety belt by a police officer, takes time to 10 minutes. Such time is within the scope of discretion in the police officer’s performance of duties, due to the time sufficiently anticipated and acceptable for police officers to perform their duties concerning traffic control. However, even though it can be sufficiently recognized that the Defendant’s active attack, such as the record of the facts charged in this case regarding police officers’ performance of duties within the scope of discretion, constitutes interference with special public duties, the court below acquitted the Defendant of the facts charged in this case on a different premise, or erred by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. The lower court rendered a judgment on the following grounds that the facts charged in the instant case constituted a case where there is no proof of a crime and acquitted the Defendant.
1) The following circumstances acknowledged by the evidence duly adopted and examined by the lower court (i.e., the Defendant already acknowledged the presence of safety belts and notified all police officers G (hereinafter “G”) of information such as resident registration numbers, addresses, etc.; and (ii) G was the remainder of both inputs into the PDA machine and output of the penalty payment notification; and (iii) G was the owner of the vehicle.
In full view of the fact that the output of the penalty payment notification is considerably delayed compared with the general cases due to the mechanical problems of the PDA, ④ the fact that there is no particular ground for the notification to be delivered only by means of delivery at the site, and that the delivery of the notification by means of other methods, such as the postal service at the site, was sufficiently possible, the notification shall be printed out at the site and issued until it is delivered.