공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. According to the statements of police officers E and D, who were present at the time of the instant case, the gist of the grounds for appeal is recognized that the Defendant interfered with the legitimate performance of official duties of E, as stated in the instant facts charged.
Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, as it rendered a not guilty verdict on the facts charged.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor examined "in the front road" in the facts charged of this case as "in the front road," and "in this way, the defendant assaulted the above E and interfered with legitimate performance of official duties for traffic control, etc. of the Dong," and "in his hand, the defendant applied for amendments to an amendment to an indictment to the effect that "the defendant interfered with legitimate performance of duties for police officers E's drinking control, etc.," and the judgment below was no longer maintained."
3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above assertion of mistake, and it is again decided as follows.
[Discied reasoning of the judgment] A criminal history of the crime refers to: (a) on August 14, 2017, around 21:55, the Defendant observed that the police officer, who is a police officer belonging to the Gu Police Station C District, demand a drinking test to Defendant F, and (b) obstructed the front of the Gu Police Station C District Party D and prevented him from taking a drinking test; and (c) prevented him/her from taking a drinking test; and (d) prevents him/her from taking a drinking test; and (e) prevents him/her from taking a drinking test.