특수공무집행방해
All appeals by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. On July 24, 2017, the Defendant and his defense counsel (1) misperception of the facts did not have any intention to interfere with the performance of special official duties, since it was very interested at the time of the display of a deadly weapon on July 24, 2017, and the Defendant did not recognize that the other party to the assault was a police officer in the course of performing official duties because it was not good enough to have a force.
Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby misunderstanding the facts and adversely affecting the conclusion of the judgment.
(2) In light of the fact that the criminal defendant committed the instant crime by contingency, the sentence of the lower court that sentenced one year of imprisonment and forfeiture is too unreasonable.
B. In light of the fact that the prosecutor (unlawful in sentencing) did not reflect the Defendant’s mistake, and that the crime of obstructing the performance of official duties by police officers in uniform need to be strictly punished in order to establish the state’s legal order and eradicate the light of the public authority, etc., the lower court’s punishment is too unreasonable and unjust.
2. Determination
A. The following circumstances are acknowledged by the lower court’s judgment on the assertion of mistake of the facts by the Defendant and the defense counsel and by the evidence duly admitted and investigated by the court below, namely, ① the Defendant was under the first interrogation by the public prosecutor to the effect that “the Defendant has a knife against the police officer and the fire officer,” and the Defendant was under the second interrogation. On the second interrogation, the Defendant stated that “the police officer has a knife the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife.”