공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for four months.
However, the period of one year from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal 1) Fact-misunderstanding and the misapprehension of the legal principles are only the police officers resisted against the smuggling at the time of the instant case, and there was no assault by the police officers, and there was no intent to obstruct the Defendant’s performance of official duties.
In addition, the above acts by the Defendant, upon receiving a report from the police officer that there is a male and female ties between the Defendant and his female ties, and returning home to the scene, i.e., after the completion of the police officer’s performance of duties concerning the reporting management of the 112 report, shall not be punished for interference with the performance of official duties.
2) The sentence of the lower court’s unfair sentencing (six months of imprisonment, two years of probation, observation of protection, and community service 80 hours) is too unreasonable.
2. 1) In determining the assertion of misunderstanding of facts and misapprehension of legal principles, the term "performance of duties" does not refer only to the case where a public official actually performs an act necessary to perform his/her duties, but also to the case where a public official is on duty in order to perform his/her duties (see Supreme Court Decision 2008Do9919, Jan. 15, 2009, etc.). In full view of the evidence duly adopted and investigated by the court below, the following facts are acknowledged.
(1) Police Officers D and G sent back to the site after receiving a report that male and female ties are close, separated the Defendant and her female friendliness, and listen to the details of the report. A female friendly Gu in the same manner as the Defendant does and the she want to leave the site, and thus, she first taken measures to return her female friendliness.
② The Defendant asked a police officer to have a female-friendly Gu phone calls to the police officer so that the police officer attempted the female-child Gu to have a female-friendly Gu phone calls three times so that the police officer could have a female-child phone calls.
(3) Police officers, in cases where the defendant was to write out the situation and attempt to leave the scene, and the defendant is also again.