공무집행방해
The judgment of the court below is reversed.
The defendant is not guilty, and the summary of the above judgment is publicly notified.
1. Summary of grounds for appeal;
A. At the time when a police officer misunderstanding the fact was dispatched to the pertinent car page, it is clear that B was not a serious part of committing a crime of interference with business, and B was out of the door page, and the police officer became aware of the fact that B was a person who committed a disturbance in the instant car page only after confirming the content of the report from an employee who was the victim. Thus, it cannot be deemed that B was a flagrant offender or a quasi flagrant offender in the instant car page.
Therefore, it is difficult to view the police officer's act of arresting B as an offender in the act of committing an offense in the act of committing an offense in the Act, and therefore, it is difficult to view B as a legitimate performance of official duties.
Even if it does not constitute a crime of interference with the performance of official duties.
Furthermore, even if the arrest of police officers on B was lawful, the Defendant in this case prevented police officers who want to arrest B from facing the front of the police officers who want to arrest B, and applied their arms to the police officers, and the degree of the assault was extremely insignificant. Thus, the Defendant’s act substantially obstructed police officers’ performance of their official duties.
It is difficult to see it.
B. Of the sentencing division, the sentence imposed by the lower court (three million won in penalty) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The summary of the facts charged of this case is as follows: the court below convicted the defendant and sentenced a fine of three million won.
At around 18:00 on June 19, 2016, the Defendant prevented the police officer from taking arms and arresting the said police officer on his body, and preventing him from taking the patrol car, who was dispatched to the site after receiving a report of 112 from F Kaf, F Kaf in Seo-gu E on June 19, 2016.
Accordingly, the defendant is justified in relation to the arrest of police officers in the act of committing a crime.