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(영문) 대구지방법원 2017.06.21 2017노133

마약류관리에관한법률위반(향정)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

No. 3 of the seized evidence shall be the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding the facts and misapprehension of the legal principles did not present an arrest warrant in the course of attempting the arrest of the defendant, and did not provide any opportunity to defend himself/herself by stating the summary of the suspected fact, the reason for the arrest, and the appointment of a defense counsel.

The crime of interference with the execution of official duties of this case and injury constitutes an act to resist the above illegal arrest of police officers and constitutes a legitimate defense, and thus, illegality is dismissed.

However, the judgment of the court below which found the defendant guilty is erroneous in the misunderstanding of facts and legal principles.

B. The punishment sentenced by the lower court (a three-year imprisonment, confiscation, and collection) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. On June 21, 2016, at around 15:25, the summary of the facts charged, the Criminal Administration of the Regional Police Agency of the Gyeongbuk-do, the Gyeongnam-do, and the JJ L L L, to arrest the defendant due to the suspicion of scopon medication, etc. by a warrant of arrest, the defendant was sealed by police officers, and attempted to flee by the defendant's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k'.

B. Based on its stated reasoning, the lower court found the Defendant guilty of this part of the facts charged on the ground that the Defendant abused K and L, which was a lawful official duty for the execution of arrest warrant, as stated in the facts charged, cannot be deemed as a legitimate defense, and that the Defendant’s act cannot be deemed as a legitimate defense.

(c)

1) Determination of the Committee.