특수공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. As to the crime No. 2 of the facts alleged in the misapprehension of facts or legal principles, the Defendant: (a) committed assault and bodily injury against police officers in the course of resisting the illegal arrest of police officers by using a test (electronic shock machine) in an unlawful manner; (b) so, the Defendant does not fall under the composition requirement itself; or (c) did not constitute a crime of obstructing or injuring the performance of special official duties by constituting a legitimate defense; and (d) the lower court found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment, by misapprehending the legal doctrine, or by
B. The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.
2. Determination
A. In the lower court’s determination as to the assertion of mistake of facts or misapprehension of the legal doctrine, the Defendant argued to the effect that the lower court did not err by misapprehending the above facts or by misapprehending the legal doctrine. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court rejected the Defendant’s allegation on the ground that the police officer did not unlawfully arrest the Defendant or use the test in the process, and subsequently, found the Defendant guilty on all the charges.
(1) Police officers F who arrive at the site of this case according to the report of D 112, the husband of a victim of a bomb, and G, who were assaulted and forced indecent act by assaulted victim C.
The defendant stated and tried to identify the identity of the defendant as the perpetrator. The defendant presented a passport to the police officer of the dispatch and asked him/her to be suspected of his/her assault, and the degree and contents of the assault C's statement about the degree and contents thereof, the interval between the time of the assault and the police officer called out, the closeness of the place of the assault and the place where the police officer tried to arrest the defendant, and the police officer at the time when the police officer tried to arrest the defendant.