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(영문) 서울동부지방법원 2019.01.24 2018노1303

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. The Defendant did not interfere with the performance of official duties, such as the entry of facts charged.

B. Legal principles 1) Unlawful demand of a police officer for performance of official duties is not a lawful performance of official duties. 2) The arrest of the criminal defendant in a flagrant offender as a flagrant offender is unlawful due to lack of requirements or failure to give prior notice of the U.S. doctrine.

3) At the time of the instant crime, the Defendant was in the state of mental and physical disability or mental disability. C. The lower court’s sentence of unreasonable sentencing (a fine of KRW 5 million) is too unreasonable.

Judgment

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant’s statement to police officers E as stated in the facts charged is sufficient to fully recognize the fact that the above E’s right-hand buckbuck paper was walking once.

Therefore, the defendant's assertion of mistake is without merit.

B. Determination of the misapprehension of the legal doctrine assertion 1) Whether a legitimate performance of official duties is a legitimate performance of official duties by police officers (hereinafter “Act”) is limited to the Act.

Article 1(1) of this Act shall be limited to national police officers in order to protect the freedom and rights of the people and to maintain order in the public sector.

hereinafter the same shall apply.

The purpose of this Act is to provide for matters necessary for performing his duties.

Paragraph 2 provides that "the authority of a police officer provided for in this Act shall be exercised to the minimum extent necessary to perform his/her duties and shall not be abused.

"" is defined as ".

Meanwhile, Article 2 subparag. 1 of the Act provides that “the protection of people’s lives, bodies, and property” and Article 2 subparag. 2 provides that “prevention, suppression, and investigation of crimes” as one of the scope of police officers’ duties. Article 6 of the Act provides that a police officer shall give necessary warning to persons concerned to prevent a criminal act if it is deemed that such criminal act is about to be committed in front of the police officer’s duty, and that police officer’