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(영문) 서울북부지방법원 2018.06.01 2017노2205

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, ① the Defendant did not assault the police official E, and ② Even if there was an assault, the above E was an illegal performance of official duties, i.e., taking the Defendant’s fright under the influence of alcohol at the time of the instant case, and thus, there is no room to establish interference with legitimate performance of official duties, which is premised on the execution of official duties.

Therefore, the judgment of the court below which convicted the charged facts of this case is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of judgment.

B. The punishment sentenced by the lower court (3 million won) is excessively unreasonable.

2. Determination

A. Determination 1 on the misunderstanding of facts and legal principles 1) The following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to whether there was assault, i.e., the court below stated in the court of the court below that “F, who had observed the scene, attempted to salute or drink a police officer, salute a police officer, and salute a police officer’s body due to the strength of even if the police officer followed (3-5 pages of the witness examination of F),” and ② from the prosecution investigation of the E to the court of the court of the court of the court below, the prosecutorial investigation of the E, to consistently stated to the effect that “I want to take a defendant’s chest part of E’s chest part 3 to 4 times” (4-5 pages of the witness examination record of the E, page 14 page), and ③ Defendant also stated in the prosecutorial investigation of the court of the prosecution as follows.

how the person is a matter of personnel;

I accept the question "I," "I, as I am back to the house, see that the suspect is a governance, and do so by hand, spacing the breast part of the chest and spacing it into his head."

In full view of the fact that “the Defendant committed an assault that constitutes a crime of obstructing the performance of official duties to E, a police official, etc.” (46 pages of investigation records)

It shall be fully recognized.

Therefore, the defendant-appellant.