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(영문) 수원지방법원 2018.11.06 2018노3207

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault the police officer with drinking.

B. The police officer's act of the police officer cannot be deemed legitimate execution of official duties, since the police officer arrested the defendant as a current offender without notifying the bitrain principle.

2. Comprehensively taking account of the following circumstances revealed by the evidence duly admitted and investigated by the lower court, the lower court acknowledged the fact that the Defendant committed an assault against a police official in lawful performance of official duties, such as keeping G in body and drinking, as indicated in the facts charged.

(1) Police G is deemed to have carried himself/herself tightly and consistently by a criminal defendant who takes a desire from an investigative agency to the court of the original trial, and has carried out drinking by himself/herself.

was stated.

② The fashion camera attached to G's clothes is in motion picture taken by the Defendant while taking a bath.

③ At an investigative agency, G notified the principle of Disturbance while arresting the Defendant in the act of committing an offense.

“Pursuant to Article 200-5 of the Criminal Procedure Act, G made a statement to the effect that the arrest of the criminal was identical to that of the current arrest document, and the fact that G, during the process of the arrest of the criminal, has given the defendant an opportunity to defend himself/herself, refers to the summary of the offense, the reason for the arrest, and the defense counsel

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.