Main Issues

In performing his duties, there is an error due to the fact that he was subject to the execution, and the performance of official duties under Article 136 of the Criminal Act.

Summary of Judgment

Even if there was an error in the facts subject to the performance of official duties, if the action can be recognized as a legitimate act of a public official, it is the execution of official duties in this article.

[Reference Provisions]

Article 136 of the Criminal Act

Appellant, Defendant

Defendant 1 and three others

Judgment of the lower court

The Gwangju metropolitan area, the second-class Gwangju metropolitan area, etc.

Reasons

According to the records, it can be recognized that there was a decision of provisional disposition prohibiting entry into the house in question, such as the theory of lawsuit, and that the decision was executed. However, as witness non-indicted 1 and 2 at the court below's testimony of the court below, there was a decision of the court of Gwangju District Court to cancel the original decision and provisional execution to cancel the provisional disposition, and it can be recognized that there was no indication of prohibition of entry into the house by the provisional disposition at the time of execution of the title of this case, it can be recognized that there was no indication of prohibition of entry into the house at the time of execution of the provisional disposition against entry into the house. Thus, it is unreasonable to discuss the execution of the house under the premise that the state of execution of the provisional disposition against entry into the house in question was a continuing execution of the house under the premise that it was an infringement of unjust rights, and even if a public official was erroneous in the facts that became the object of execution of the house in question in the course of execution of his duties according to the methods prescribed by Acts and subordinate statutes, it can be interpreted that the act constitutes a legitimate execution of the house under Article 136 of the Criminal Act.