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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The time when a police officer’s arrival at the scene of a misunderstanding of the legal doctrine is completed, and the performance of duties by a police officer is not justifiable, such as that the defendant cannot be regarded as a flagrant offender, etc., and such resistance does not constitute a crime of obstructing the performance of official duties.
B. At the time of committing the instant crime, the Defendant was in a state of severe loss or mental and physical weakness.
(c)
The punishment of the court below (6 months of imprisonment, 2 years of suspended sentence) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the lower court’s determination on the assertion of misapprehension of the legal doctrine, the Defendant assaulted a singing room business owner and his employee (hereinafter “singing room business, etc.”) on November 22, 2017, on the ground that he did not sell the tobacco. ② Police officers assigned to the Seoul Hye Police Station E police box were dispatched to the singing room on the same day at around 01:40 on the same day. At the time, the singing room business owner, etc. was in a sing room with the Defendant, and the Defendant was in a singing room. ③ The dispatched police officer heard the Defendant’s statement as to whether to assault, etc. from the Defendant, and demanded voluntary accompanying from the police station to the Defendant, and ④ Sing room business owner, etc., demanded the Defendant to leave the singing room pursuant to one of the police officers’ first, and the Defendant refused voluntary accompanying of the police officer and sold the same fact to the public.
According to the above facts, there was a situation where the police officer committed a crime of violence at the time of dispatch, and only ten minutes have not yet passed since the victim of the assault and the defendant left the scene of the crime, so the defendant was "a person who was in the post of the commission of the crime," and thus, the Criminal Procedure Act is applicable.