특수공무집행방해
The prosecutor's appeal is dismissed.
1. The defendant's argument in the grounds of appeal is without credibility, and instead, considering the legal statement of E and F, it can be sufficiently recognized that the defendant has a criminal intent to obstruct the performance of special duties, the judgment of the court below which acquitted the defendant of the facts charged of this case, is erroneous in the misapprehension of facts which affected
2. Determination
A. At around 22:50 on May 16, 2014, the Defendant: (a) while driving a cchip car while drinking alcohol on the front road of a wood conference located in 19-ro 12-gil, Sinsi-si, Sinsi-si; (b) was subject to a drinking test from E to a police officer belonging to the Gu U.S. Police Station D District, which was under the influence of alcohol control.
The Defendant, at the request of E, put a breath in a drinking measuring instrument, but the Defendant started the said car, which is a dangerous object, without disregarding it, and went through the above car, which is a dangerous object, and even though E puts the body into hand, the Defendant continued to proceed about about 4-5 meters with the driver’s seat in order to stop the said vehicle, and the Defendant, even though F of the situation of traffic in the front section of the same district where E was put in the traffic situation, proceeded with the above car at approximately 3-4 meters by blocking the front of the said car, and even though it was stopped, the Defendant continued to proceed with the car at least 3-4 meters above the F.
Accordingly, the defendant carried dangerous objects and interfered with legitimate execution of duties by police officers in traffic control and suppression of crimes.
B. In full view of the following circumstances revealed by the record, the lower court determined that it is difficult to view the Defendant as having committed an offense of obstruction of performance of official duties, and acquitted the Defendant of the facts charged in this case.
1. The Defendant consistently from the police to the court of law, and consistently sounded “accomponed” from a drinking machine to “accomponed”, and the Defendant was aware that F proceeds from a light string, and that F proceeds from a light string.