Whether the enforcement of the police officer who was retired is a performance of official duties.

In the event a police officer finds a defendant who gets out of the police station while carrying out his/her duties with equipment with the uniform of the police officer, prevents him/her from doing so, and tried to proceed to a nearby police station, the police officer is still in a position to perform his/her duties even during his/her leaving the police station.

Article 136(1) of the Criminal Act, Articles 2 and 6 of the Act on the Performance of Duties by Police Officers

Defendant

Defendant

Seoul District Court Branch Branch of the Seoul District Court (85 Godan54 delivered on July 1, 201)

The defendant's appeal is dismissed.

The summary of the grounds for appeal by the defendant is as follows: first, the non-indicted was out of prison, and therefore his control cannot be deemed a legitimate execution of official duties, and thus, the so-called of this case by the defendant against him cannot be a crime of obstruction of performance of official duties; second, the court below affected the judgment since the court below erred in failing to conduct an examination of evidence, etc.; second, the judgment of the court below against the defendant is unreasonable in light of the degree of the crime of this case

First of all, according to the evidence duly examined and cited by the court below, the non-indicted 1 found the defendant who was employed in the traffic patrol team of the same police station from 01:30 on the day of this case and tried to find out and block the defendant who was employed in the same police officer's uniform and to go to a nearby police station. In this case, it is still in a position to perform official duties. Thus, if the court below committed violence against his official duties, it shall be the crime of obstruction of performance of official duties, and there is no other error in the judgment below's incomplete deliberation, and there is no reason to discuss the appeal, and if the defendant was convicted of a fine of 100,000 won due to violence on June 1983, 1983, and there are various circumstances in the sentencing of the defendant, such as the fact that the defendant was convicted of a fine of 100,000 won due to violence, the judgment of the court below is too appropriate and unfair.

Therefore, since all appeals by the defendant are without merit, their appeals are dismissed. It is so decided as per Disposition.

Judges Lee Dong-dae (Presiding Judge)