Defendant shall be punished by a fine of 2.5 million won.

The above fine shall not be paid by the defendant.

A. The place where the defendant uses violence against the victim is not included in the guard area of the police assigned for special guard, so the defendant cannot be punished for obstruction of performance of official duties.

Nevertheless, the court below found the defendant guilty of obstruction of the performance of official duties, and there is an error of law or misunderstanding of legal principles.

In addition, the punishment of the judgment of the court below (2.5 million won) is too unreasonable.

B. The court below acquitted the victim of this part of the facts charged, although the prosecutor tried to find the victim's face by drinking three times after taking the victim's her mother from the victim after taking the her mother from the victim, and the court below acquitted the victim of this part of the charges. The court below erred in the misapprehension of legal principles.

2. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the defendant's assertion of mistake of facts and misapprehension of legal principles, the road between the entrance of the first sentence and the second sentence, the place where the victim was assaulted by the defendant, can be recognized as included in the security area reported by the E police assigned for special guard at the time when the victim was ordered to place the police assigned for special guard, so the court below's finding the defendant guilty of the charges of obstruction of performance of official duties

B. The summary of the facts charged in this part of the Prosecutor’s assertion of mistake of facts is that the Defendant assaulted the victim at the entrance of the first sentence, committed an injury at the victim’s mother and child, returned the mother and child at a place where 70 meters close to the office from the place, and assaulted three times on the part of the victim, thereby obstructing the legitimate performance of official duties of the police assigned for special guard.

In regard to this, the lower court, even though the Defendant had consistently deducted the mother and child of the victim from the investigative agency, has never sold 2-3 times again on the part of the victim by drinking, even though he had a small amount of mother and child.