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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is as follows: (a) as long as the defendant committed an act of causing bodily injury resulting from the obstruction of performance of special duties by assaulting the F, which is a dangerous object, by taking advantage of the police officer F in the lawful performance of official duties, the court below erred by misapprehending the facts or acquitted the defendant for a long time
2. The summary of the facts charged of the instant case is as follows: “The Defendant, at around 18:50 on March 3, 2016, operated the Orabab on the road in front of the exit of 109, as declared in Mapo-gu Seoul, Mapo-gu, Seoul, and in violation of the designated lane, led about about 10 meters of the Obabro F, a dangerous object in the situation where he was controlled by the slopeF belonging to the Mapo Police Station, in violation of the designated lane, leading about about 10 meters, and obstructed the police officer’s legitimate performance of duties concerning traffic control, etc., and caused the FF to suffer injury, such as the right hand hand f, which requires three weeks of medical treatment.” Thus, the lower court found the Defendant’s selling of the Defendant starting Obabab on the ground that it was not included in the scope of performance of duties or that it did not meet any requirement for legitimate arrest of a flagrant offender, and thus, acquitted the Defendant on the ground that the Defendant did not perform his official duties.
In addition to the reasoning of the court below acknowledged by the evidence, Article 166 of the Road Traffic Act explicitly provides that police officers controlling traffic shall not abuse their official authority beyond their original purpose without permission. The F, who arrested the Defendant as an offender in the act of committing a crime of obstruction of performance of official duties, did not follow a regular procedure, such as taking the Defendant into account the fact that the Defendant was injured by a special obstruction of performance of official duties, and did not take any follow-up measures such as notification pursuant to the traffic regulation, and did not take any follow-up measures such as traffic regulation.