The judgment below

Among them, the part against Defendant A and the part concerning the special obstruction of performance of official duties as indicated in the judgment against Defendant B.

Summary of Grounds for Appeal

Defendant

A The punishment sentenced by the court below (two years and six months of suspended execution in six months of imprisonment) is too unreasonable.

Defendant

B misunderstanding of facts or misunderstanding of the legal principles, Defendant B was at the scene at the time and was not a public figure by attaching both arms of police officers to prevent the arrest of Defendant A.

Even though it is difficult to see that the witness N's statement was made under particularly reliable circumstances, the court below recognized the admissibility of the protocol of witness's statement by N pursuant to Article 314 of the Criminal Procedure Act, and recognized the defendant as a crime of special obstruction of performance of official duties by mistake of facts or misapprehension of legal principles.

The punishment sentenced by the court below of unfair sentencing (special obstruction of performance of official duties on the market: 2 years of probation, probation, community service 240 hours, and injury to the decision: 3 million won) is too unreasonable.

Judgment

Defendant

Judgment on the misunderstanding of facts or misapprehension of legal principles in B (related to special obstruction of performance of official duties in the market)

1. On September 18, 2014, around 14:00, Defendant A was notified that a warrant of arrest was issued by E, slopeF, and Senior G, a police officer belonging to the Gyeonggi Seocheon Police Station, in front of D, which was located in Seocheon-si, Seocheon-si.

The Defendant directed B, H, I, and J to “to prevent police officers” with the aim of evading the arrest of the Defendant, and ordered B, along with the above I and the above H, to put the two arms of the above G and the above E, and the above J interfered with the arrest of the Defendant for about 10 minutes, such as putting the two arms of the above F, and then getting off and escaped.

As a result, the defendant had the above B, etc. resolve to interfere with the legitimate execution of police officers' arrest warrant execution, etc. by showing multiple power.

2. Defendant B’s above date, time, and place, when the above E, etc. intends to arrest A according to the above teachers of A, the above I and the above H.