공무집행방해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal did not contain any assault by police officers at the date, time, and place stated in the facts charged of this case, and was arrested by police officers without being informed of the charges and the grounds for arrest. However, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.
2. The crime of obstruction of the performance of official duties is a premise of a legitimate performance of official duties by a public official. Thus, whether a certain performance of official duties by a public official belonging to an abstract authority is legitimate shall be determined objectively and reasonably based on the specific circumstances at the time of the act, and it
(See Supreme Court Decision 91Do453 delivered on May 10, 1991, etc.). Comprehensively taking account of the health care room for the instant case and the following circumstances revealed by the evidence duly admitted and investigated by the lower court, the Defendant may sufficiently recognize the fact that the police officers, who duly perform their duties in accordance with the 112 visit Report, assault and interfere with the performance of official duties by doing so.
① At around 22:50 on November 24, 2012, the police officer F and G sent to the site after receiving a report that they sell drinking to minors at the instant main points (D main points located in U.S. population C), and confirmed their status as a target for juveniles. On the other hand, the Defendant made a consistent statement on the following facts: (a) the police officer F and G sent to the site to the site; (b) the police officer’s desire to the police officer F; (c) the chest of the police officer G was sent to the police officer’s head; and (d) the police officer G was sent to the site.
② Youth H, who had performed alcohol at the main point on the day of the instant case, showed to the investigative agency that the Defendant was pushing the police officer on his/her hand, and the physical fighting between the Defendant and the police officer is the same.