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(영문) 울산지방법원 2017.11.16 2017노975

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of the legal principles) is not guilty for the following reasons, but the lower court found the Defendant guilty and erred by misapprehending the legal principles.

A. G, without properly verifying the situation at the time of the instant case, deemed the Defendant as a domestic violence offender and performed illegal public duties to force the Defendant’s wife E.

B. The Defendant does not have to do violence to G, such as breaking a shoulder or breaking a chest.

(c)

A. At the time of the instant case, G was in the lawful performance of official duties, and even if there was the enemy who committed assault against the Defendant, G was mistaken for the Defendant to have committed an illegal act that forced the Defendant’s wife, so there was no intention to interfere with the performance of official duties.

2. Judgment on the grounds for appeal

A. As to the Defendant’s first argument, the Defendant’s first argument is without merit for the following reasons.

1) According to Articles 9-4(2) and 9-4(6) of the Act on the Prevention of Domestic Violence and Protection, etc. of Victims, a judicial police officer who has received a report of a crime of domestic violence may dispatch to the site and investigate relevant persons or inquire of them. In such a case, necessary measures should be taken, such as investigating at a place separated from the victim, etc. so that the victim

2) According to the evidence adopted by the lower court and the lower court, the following facts and circumstances are recognized.

A) G was a police officer belonging to the U.S. F police station in Ulsan, and at the time of the instant case, G was dispatched to the “D” path located in Ulsan-gun C, Ulsan-gun, a police officer affiliated with the same police box, upon receiving a report of 112 stating that “A married couple is fighting with his husband and wife,” along with I who is a police officer belonging to the same police box at the time of the instant case.

B) N who reported the above 112 was a person who was in the next contents of the Defendant’s husband and wife at the place where the Defendant’s husband and wife is wrapping, and the Defendant’s wife “s death.”