특수공무집행방해치상
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
misunderstanding the legal principles on the grounds of appeal by the defendant, it is a de facto arrest that the police officer F puts off the 137-meter off and balleb, which proceeds more from merely restraining the operation of the albane in the process of regulating the defendant.
At that time, the requirements for the arrest of a flagrant offender who recommended the police officer was not met, and thus does not constitute legitimate performance of official duties.
Nevertheless, there is a legitimate performance of duties by a police officer.
The judgment below is erroneous in the misapprehension of legal principles.
The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.
Judgment
Article 136 of the Criminal Act provides that a crime of interference with the performance of official duties is established only when the performance of official duties is legitimate. Here, legitimate performance of official duties refers to not only the abstract authority of a public official but also the case meeting the legal requirements and methods for specific performance of duties. Thus, a assault was committed against a public official who lacks such legitimacy against a public official.
Even if the act of a suspect is merely a minor crime that constitutes a fine not exceeding KRW 500,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,
The provisions of Articles 212 through 213 shall apply to the current offender who commits an offense punishable by a maximum fine not exceeding 500,000 won, detention, or a minor fine under Article 214 (Minor Cases and Arrest of Offenders in Act) only when his/her dwelling is uncertain.
In addition, it is not possible to force voluntary accompanying to it solely for the purpose of suppression of one crime and traffic control.
Judgment
recognized.