공무집행방해등
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. It was true that the Defendants assaulted by mistake of facts or misapprehension of legal principles (as to the obstruction of performance of official duties). However, even if the requirements for arrest of flagrant offenders were not satisfied at the time of the instant case, the police officer was carrying out illegal official duties against the Defendants, and thus, the Defendants’ act to escape from this is justifiable and does not constitute the obstruction of official duties.
B. Even if there is an unreasonable sentencing, considering the fact that the Defendants, who had been subject to excessive suppression by police officers, such as the use of the test and the use of the test, etc., led to the instant crime, the lower court’s punishment (Defendants: six months of imprisonment and two years of suspended execution, and 80 hours of community service order) is too unreasonable.
2. Judgment on misconception of facts or misapprehension of legal principles
A. Each evidence revealed by the court below. Comprehensively taking account of the police officer's DNA camp photographs (Evidence Nos. 17 and 24), the Defendants' cell phone pictures (Evidence No. 22, and CD images submitted by the Defendants) and other factors, the Defendants, who were under the influence of alcohol at the time of the instant case, expressed the police officer F, etc., who called the Defendants upon receiving a women's report that "the Defendants met with the Defendant's cucks" and sent the Defendants, who were under the influence of alcohol, bread the police officer's desire to breath, etc., and continued to breath and breath the police officer's desire to stop and interfere with the performance of official duties, as indicated in the facts charged of the obstruction of the performance of the official duties of this case, while the Defendant B, as described in the facts charged of the obstruction of the performance of the official duties of this case, did the Defendant F, who tried to arrest the Defendant B as an offender in the crime of obstruction of the performance of official duties, can be sufficiently recognized by bolding the Defendant F.
B. The Defendants informed the police officers of the U.S. doctrine at that time.