beta
(영문) 인천지방법원 2019.08.23 2019노551

주거침입등

Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant attempted to communicate in a situation where a misunderstanding of facts or misunderstanding of legal principles is not closed, it cannot be deemed that harming the peace of residence.

On the other hand, the defendant, after being called by police officers, was sitting in front of the gate of the gate, and thus, the defendant's act of opposing the arrest when there is no need to arrest does not constitute obstruction of performance of official duties.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment and one year of suspended execution) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The lower court also asserted the same as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion in detail, stating in its written judgment the Defendant’s assertion and judgment.

The judgment below

Examining the reasoning closely compared with the evidence duly admitted and examined, the judgment of the court below is reasonable and there is no error of law by misunderstanding facts or by misapprehending the legal principles.

Therefore, this part of the defendant's argument is without merit.

B. On August 18, 2018, around 23:53, the summary of the facts charged in this part of the charges is that the Defendant’s act constitutes obstruction of the performance of the performance of official duties. On August 18, 2018, around 23:53, the Defendant continued to have taken away from the police officer of the Seoul Gangseo-gu Police Station G police box called “I will not return to the house,” and she was arrested of flagrant offender from the above police officer while failing to have the Defendant asserted that “I will not go back to the house. I must go back to the police officer if I want to arrest a flagrant offender.” The Defendant saw that “I will go back to the open door. I will go back to the police officer.” In the process, I saw my own stick with a stick and flaged it.

Accordingly, the defendant is a police officer.