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(영문) 대구지방법원 서부지원 2018.10.17 2018고단114

공무집행방해

Text

The defendant shall be innocent.

Reasons

1. On December 4, 2017, the Defendant: (a) committed an assault, such as assaulting the police officer’s right knife, knife, knife, and knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife,

2. Determination

A. Relevant regulations and legal principles (i.e., interference with the performance of official duties under Article 136 of the Criminal Act is established only when the performance of official duties is legitimate. Here legitimate performance of official duties refers to an act that not only belongs to the abstract authority of a public official but also satisfies the legal requirements and methods concerning specific performance of duties. Thus, a assault or intimidation against a public official who performs a job lacking such legitimacy was committed.

Even if a person does not interfere with the performance of official duties, he/she shall not be subject to any interference (see Supreme Court Decision 2008Do9926, Feb. 12, 2009, etc.).

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