공무집행방해등
The defendant's appeal is dismissed.
When a police officer was dispatched to the site by misunderstanding the legal principles on interference with the performance of official duties by misunderstanding the substance of grounds for appeal, the defendant and H's fighting was already terminated, and H did not have any distinction.
There was no need for specific criminal charges or arrest against the defendant, such as police officers.
Accordingly, the defendant was not accused of assault.
In this situation, the police officer's demand to present identification card to the defendant is not a legitimate execution of duty.
Moreover, it is difficult to say that the Defendant is an assault against the police officer because it is merely a arms.
Nevertheless, the lower court found the Defendant guilty of this part of the facts charged by misapprehending the legal doctrine on the obstruction of official duties.
At the time of committing the instant crime with mental or physical loss or mental weakness, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.
The sentence of the court below's improper sentencing (eight months of imprisonment) is too unreasonable.
Judgment
As to the assertion that the performance of official duties is not legitimate as to the assertion of misapprehension of the legal principles on obstruction of the performance of official duties, the obstruction of the performance of official duties is established when the performance of official duties is legitimate. Here, legitimate performance of official duties is not only within the abstract authority of the public official, but also within the authority of the public official, and must meet the requirements and methods as an act of official duties. Whether a certain performance of official duties is legitimate should be determined objectively and reasonably based on the specific situation at the time of the act (see, e.g., Supreme Court Decisions 2000Do3485, Apr. 12, 2002; 2008Do4721, Apr. 28, 2011). Article 26 of the Resident Registration Act (Request for Presentation of resident registration certificate) of the Resident Registration Act (Request for presentation of resident registration certificate) confirms the identity or residential relation of a resident aged 17 years or older when a judicial police official arrests an offender.