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(영문) 부산지방법원 2017.09.29 2017노1635

공무집행방해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The defendant does not pay the above fine.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles, and improper sentencing)

A. The defendant's act of misunderstanding the facts and misunderstanding the legal principles is arbitrarily taken out from the defendant's main machine

Since it is intended to resist the F's illegal performance of official duties, it does not constitute a crime of interference with the execution of official duties.

B. The lower court’s punishment (4 months of imprisonment, 2 years of suspended execution, 120 hours of community service) is too unreasonable.

2. Determination

A. Regarding the assertion of misunderstanding the facts and misapprehension of the legal principles, the court below rejected the Defendant’s affirmative action on the following grounds: (i) it appears that the Inspector F at the time of the instant case was a situation to examine the Defendant’s identity or residential relation with the Defendant, such as a request for emergency relief or protective measures under Article 4(1) of the Police Officers Act; (ii) it was notified the Defendant that the Defendant would not have confirmed his/her identification card; (iii) the Defendant was aware that he/she was a police officer; (iv) it appears that the Defendant was aware that he/she was a police officer; and (v) it was necessary to request the presentation of a resident registration certificate if it was necessary to verify his/her identity or residential relation with the Defendant; and (v) the police officer’s action at the end of September at the time of the instant case constituted a lawful protective measure under Article 14(1) of the Police Officers Act, based on the premise that the police officer’s active action at the stage of executing his/her duties was necessary.

In addition to the above circumstances set forth by the court below, the police, along with prevention, suppression, and investigation of crimes, shall protect the lives, bodies, and property of the people.