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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant had expressed an desire at the time of the instant case by mistake of facts or misapprehension of the legal doctrine, this is not only intended for the victim D individual, who is a police officer, but also intended for the entire police of the Republic of Korea. Therefore, the victim is not insulting.
In addition, since the defendant resisted against the victim to conduct an illegal autopsy without disclosing his name and the reason for the autopsy, this constitutes a legitimate act, and even though there is no illegality, the court below found the victim to have insultingly abused the victim by taking the victim's bath, and rendered a judgment of conviction. The judgment of the court below is erroneous in misunderstanding of facts or misunderstanding of legal principles.
B. Considering the fact that the Defendant was involved in the police station after the instant case and was subject to the victim’s death, the sentence of the lower judgment (one million won of fine) is too unreasonable.
2. Determination
A. Article 3(1) of the Act on the Performance of Duties by Police Officers provides that “A police officer may stop and ask questions to a person who has a reasonable ground to suspect that a person has committed or is about to commit a crime, or who is deemed to have knowledge of a crime already committed or to be committed, based on rational judgment on a suspicious act or surrounding circumstances, or a person who has committed or is about to commit a crime.”
According to the evidence duly adopted and examined by the court below, there was a movement for police officers to hold a meeting in relation to the opposition to the conclusion of the Korea-U.S. FTA prior to the National Assembly's death, which is the place where assembly is prohibited at that time. The victim, the police officer, was talking about the purport that the assembly held prior to the National Assembly's death is illegal, regardless of where the defendant, who was on the crosswalk to go to the National Assembly's death.