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Defendant
The appeal by the prosecutor is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of the legal principles (as to Defendant 1’s interference with the performance of official duties), it is consistent with the Defendant’s act as stated in paragraph 1 of the judgment below, but the Defendant’s act was sent to the site after the police officer received a report that the Defendant was frighting to his family under the influence of alcohol and arranged the situation after entering the site. In other words, it was occurred after the police officer’s performance of duties concerning the handling of report 112, and thus, it cannot be punished
2) The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.
2. Determination
A. As to the defendant's assertion of misunderstanding the legal principles, the "performance of duties" in the crime of interference with the performance of official duties under Article 136 (1) of the Criminal Code does not refer only to the case where a public official actually performs the necessary act in the performance of duties, but also to the case where a public official is in a position for the performance of his duties. In accordance with the nature of his duties, it is inappropriate to separate the process of performing his duties and to discuss the commencement and termination of his duties individually, and there is a considerable reason to understand it as a series of duties, including various kinds of acts
In full view of the evidence duly adopted and examined by the court below (see Supreme Court Decision 2008Do9919, Jan. 15, 2009), the following facts are recognized.
① A police officer F, etc., upon receiving a report on domestic violence with the content that “under the influence of alcohol, her husband goes to her family members,” sent to the site and listened to the Defendant’s report from the Defendant’s wife. The Defendant’s wife refuses to do so as the Defendant.
하고, 피고인도 집이 아닌 사우나에서 하룻밤 자겠다고
The defendant was able to take the defect in the front place of the house.
(2) Police Officers F, etc. shall defendants.