The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 100,000.

The above fine shall not be paid by the defendant.

Summary of Reasons for appeal

A. On August 1, 2019, the Defendant arrested a flagrant offender (hereinafter “the instant arrest”) at his/her home to violate the Punishment of Minor Offenses Act (an adjacent disturbance, false report) on August 1, 2019 (hereinafter “instant arrest”).

was made.

However, there is a risk of escape because the dwelling of the defendant at the time of the arrest of the case is clear.

It is difficult to see that the defendant committed the crime of violation of the Punishment of Minor Offenses Act due to false reports.

It is difficult to see that the arrest of this case is unlawful in light of the fact that the defendant can not be arrested in the act of committing the crime of violation of the Punishment of Minor Offenses Act (the fine not exceeding KRW 100,00,000, the penal detention, the minor fine) due to nearby disturbance, etc., and thus, the arrest of this case was committed by the police officer in order to prevent the defendant from being arrested.

Even if the obstruction of the performance of official duties is established, it shall not be deemed to be established.

In addition, the defendant did not assault the police officer at the time of arrest.

2) On the day of the instant occurrence of the violation of the Punishment of Minor Offenses Act due to a false report, police officers called up to the Defendant’s house on the day of the instant report by neighboring residents. Accordingly, the Defendant was aware that the noise problem between the 112 floors was likely to be reported urgently, and only reported to 112 in order to resolve the noise problem between the floors suffering from ordinary pain.

The above report made by the Defendant (hereinafter “the report of this case”).

It is difficult to view that the report is a report on an unclaimed crime or a disaster under Article 3 (3) 2 of the Punishment of Minor Offenses Act, and it cannot be called a “False Report.”

B. The punishment of the lower court (the imprisonment of eight months, the suspension of the execution of two years, the fine of five hundred thousand won, the community service order) is too unreasonable.

2. Determination

A. The summary of the facts charged pertaining to the violation of the Punishment of Minor Offenses Act and interference with the performance of official duties due to false reports is against the Defendant, who is under the influence of alcohol in Songpa-gu Seoul Building C around August 1, 2019.