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(영문) 인천지방법원 2015.10.16 2015노2923

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. As to the summary of the grounds of appeal in this case, the court below found the Defendant not guilty of the charges in this case, misunderstanding of facts or misapprehending legal principles, which affected the conclusion of the judgment, although the performance of official duties by police officers F with regard to the handling of the 112 reported cases by police officers was lawful, and

2. Determination

A. On December 2, 2014, the Defendant, at around 03:25, Kimpo-si, Kimpo-si, 305, and D, a woman living together, did not open a door to a different meaning from D, but did not open the door.

Accordingly, from D, the police officers F and Fire Officers belonging to the Kimpo Police Station Estation, who received the 112 Report Telephone, sent out to the site and opened the door by force, to the effect that “305 is the house of his/her and male head, and the male father-gu opened the door so that they can see whether they commit suicide, not committing suicide, and forced to open the door.”

In this regard, the Defendant dumped the fage of the above FF, which had taken the house, and assaulted the fum and the fums of the above F on several occasions, thereby hindering police officers from performing their legitimate duties in regard to the handling of the 112 reported case.

B. The lower court’s relevant legal doctrine