The husband, who assaulted a police officer who was dispatched to protect his wife who reported domestic violence, insisted on self-defense, but he was sentenced to the same prison sentence as the original trial in the appeal trial.
The Chuncheon District Court sentenced 41-year-old A, who was charged with obstruction of public affairs, to six months in prison and suspended for two years, as the lower court, and ordered 120 hours of community service.
A was put on trial in December 2022 on charges of assaulting the police officer by pushing and shaking the police officer when he was stopped by the police officer who was dispatched while trying to approach his wife B, who was packing at home after reporting domestic violence.
During the trial, Mr. A argued that he had never assaulted a police officer and that it was self-defense to counter illegal arrests that did not meet the requirements for arresting current criminals.
However, the court did not accept A's claim based on the fact that the police officer was dispatched after receiving a report from his wife B that she had run away barefoot after being hit by her husband at the time, and that B strongly asked the police officer to accompany her home because she had to pack her luggage and mobile phone.
Considering the fact that the police officer pushed the police officer out and threw or shouted out in excitement even though he/she announced that B would take his/her luggage with his/her affiliation, rank, and name, and that the police officers arrested him/her by announcing Miranda's principle, the police officer's actions were legitimate execution of official duties.
The court maintained the judgment of the court below, saying that there was no change in circumstances that could be admitted as unfair to maintain the judgment of the court below.
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