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(영문) 춘천지방법원 강릉지원 2013.09.10 2013노165

독직폭행

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) In the process of identifying the situation of the case by sending the victim's assault case to the site after the defendant reported that the assault case occurred between the victim H and I, the victim assaulted the victim's left eye, and attempted to arrest the victim as a flagrant offender with the obstruction of performance of official duties, but the victim resisted against the victim's bridge with the defendant's bridge in order to suppress the victim, and the police officer in the zone zone took over the victim's bridge to the victim's body, who tried to keep the victim's sloping part with the victim's bridge, and attempted to keep the victim's sloping part with the victim's bridge, and there was no assault as stated in the facts charged, and the defendant's pressure constitutes legitimate act of self-defense or legitimate act as an inevitable exercise of force during the legitimate performance of official duties.

(2) Even if the Defendant’s suppression of domestic affairs is recognized as an assault beyond the scope of legitimate performance of official duties, it is merely a simple assault since the situation at the time is not in a state of resistance due to the occurrence of the victim’s ties.

(3) Article 125 of the Criminal Act provides that "a person who is a criminal suspect or any other person" shall be construed as "a person who is a criminal suspect or any other person," and in the case of a flagrant offender, "a person who is a criminal suspect" refers to a person after entering an investigative agency and falls under only after an investigation document, such as a report on arrest of a flagrant offender, is prepared, and "any other person" refers to a person who is subject to investigation in a trial or investigation, such as the defendant, witness, and witness. Therefore, in this case, the victim who is a criminal offender,

B. The prosecutor (e.g., imprisonment with prison labor for six months and suspension of qualifications for six months) of the lower court is deemed to be too uneasible.

2. Determination

(a) The grounds for appeal by the defendant;

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