공무집행방해
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Reasons for appeal;
A. Defendant 1) The Defendant did not have received the horses from a police officer, misunderstanding the facts.
2) The Defendant was in a state of mental disorder under the influence of alcohol.
3) The lower court’s unreasonable sentencing is hot.
B. The prosecutor’s sentence of the lower court is less than that of the Plaintiff.
2. Determination
A. On December 5, 2014, at D main points located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul around 05:40 on December 5, 2014, the Defendant: (a) sought to return home from F of the security guards belonging to the Seoul Gangnam-gu Police Station Emba, who was called out after receiving a report of 112 on business hours; (b) expressed that “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am.” In doing so, the Defendant obstructed the police officer’s lawful
B. We examine whether the defendant was sufficiently proven the head of the police officer based on the evidence duly examined and adopted by the judgment on the defendant's assertion of mistake of facts.
F consistently states that investigative agencies have consistently received their head from the Defendant to the court of original trial.
However, G and H, the main points of which are called F with F, did not seem to have been received by the Defendant as a police officer.
section 3.
Video images recorded at the time of crime were not produced as evidence.
J also stated that the defendant is aware that there was no head of police officer in the course of the investigation.
H, while the Defendant continued to take a bath at the time, he was under the influence of alcohol, rather than taking a bath to a police officer, and was under the influence of alcohol, to the extent that he was under the influence of alcohol alone.
was stated.
Comprehensively taking account of such circumstances, the F’s statement alone was intentionally received the head of a police officer while putting the Defendant at will.
It is not enough to recognize, and the police officers and heads face in the process of the defendant's occurrence.