beta
(영문) 대구지방법원 2019.05.17 2018노4605

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The act of the police assigned for special guard committed against the defendant at the time of the instant case was not a lawful official duty, and thus, the defendant's act was justified.

2. Determination

A. Article 3 of the Police Assigned for Special Guard Act provides that a police officer assigned for special guard shall perform duties under the Act on the Performance of Duties by Police Officers only within the guard area under the supervision of an applicant for special guards and the chief of the police station. According to Article 2 of the Act on the Performance of Duties by Police Officers, a police officer's duties include prevention, suppression and investigation of a crime (subparagraph 2), guard, security of important persons, performance of counter-espionage counter-espionage operations (Paragraph 3), and other duties of maintaining public peace and order (Paragraph 7). According to Article 6 of the same Act, a police officer may issue a warning to an interested person to prevent a crime if he/she considers that a crime is about to be committed in his/her presence, and may prevent a police officer from doing such act in urgent cases where it is likely to inflict

B. The Defendant also asserted the same purport as the grounds for appeal, and the court below rejected the Defendant’s assertion on the ground that the Defendant’s act against the police assigned for special guard was done in such a manner as to the minimum extent necessary for C’s expenses, and that the Defendant’s act does not constitute self-defense.

C. The following facts or circumstances established by evidence duly adopted and examined by the court below and the court below, i.e., the defendant, as the court below explained, retired from the office of the 10th century at the time of the instant case, and continued to get the disturbance from the office of the police assigned for special guard by avoiding disturbance outside the meeting room, and continue to be in the elevator.