폭행등
The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall be imposed on the defendant.
1. The lower court dismissed the public prosecution regarding the crime of assault among the facts charged in the instant case and convicted the remainder of the facts charged.
However, since only the Defendant appealed the guilty portion of the judgment below and did not appeal all the prosecutor and the Defendant with respect to the dismissal of prosecution, the dismissal of prosecution in the judgment below became final and conclusive as it is.
Therefore, only the guilty portion of the judgment of the court below is subject to the judgment of this court.
2. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant did not have any fact that the chest of the police officer was caught and pushed down as stated in the facts charged. 2) Even if the Defendant was involved in a police officer, this constitutes self-defense or legitimate act, which constitutes an act to escape from an unreasonable infringement on the body due to a police officer’s unlawful forced act, and thus constitutes self-defense or legitimate act.
3) Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.
3. On March 20, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury at the Seoul Southern District Court and completed the execution of the sentence on November 16, 2014.
On May 21, 2016, around 17:35, the Defendant assaulted the police officer’s chest in a way that he was able to ask questions about the developments of the assault from the police officer D belonging to the police officer C District of the Pakistan Police Station called “at the same police officer,” who was dispatched to the Defendant after receiving 112 reports related to the assault against E at the parking lot of the Geumnam Police Association, from May 21, 2016.
Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.
4. Determination
A. First, the first argument of mistake of facts or misapprehension of legal principles.