공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. Although it is consistent with the misunderstanding of facts or the misapprehension of legal principles that the defendant illegally crosses the police, according to Article 3 of the Act on the Performance of Duties by Police Officers and Article 26 of the Resident Registration Act, the police officer D does not have the right to demand the defendant to produce identification cards.
However, since D demanded the defendant to produce an identification card, and the defendant refused to produce an identification card, and thereby illegally performed his/her duties such as "the arrest of a flagrant offender without disclosing his/her personal information," it does not constitute a crime of interference with the execution of official duties.
B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of misunderstanding of facts or misapprehension of the legal principles, since it is legitimate to request the defendant to produce an identification card, the judgment of the court below which convicted the defendant of the facts charged in this case is just, and the defendant's mistake of facts or misapprehension of legal principles is without merit.
(1) Article 10 (2) of the Road Traffic Act shall be crossing the road in which crosswalks referred to in paragraph (1), underground passages, overpassess, and other road-crossing facilities are installed.
Article 157 subparagraph 1 of the same Act provides that "A pedestrian who has violated the provisions of Article 10 (2) shall be punished by a fine not exceeding 200,000 won, by misdemeanor imprisonment, or by a minor fine."
Article 162, Article 163, and Article 165 of the same Act provide that "a person recognized as a person who commits an offense prescribed in any subparagraph of Article 157 shall be notified of such a disposition, but a person whose name or address is not certain, who is likely to run away, or who refuses to receive a notice of penalty payment shall be judged without delay without giving notice.