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(영문) 대구지방법원 2018.01.25 2017노3600

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the statements made by police officers F and witnesses D of the summary of the grounds for appeal, even though the defendant was found to have committed an assault upon the police officer F in the process of carrying out legitimate duties, the court below which acquitted the defendant, has erred by mistake of facts.

2. The lower court determined: (a) at the time of the instant case, the Defendant asserted that proxy D had caused an accident in the course of parking, and that D had rejected a request to delete his/her photograph; (b) the Defendant reported 112 on the ground that D had not taken and deleted his/her photograph; (c) the police officer F and G dispatched the Defendant’s photograph and received contact points; and (d) the Defendant made two motion pictures using a cell phone to deal with the instant case; (c) the police officer demanded to remove the motion picture of the Defendant on the ground that he/she prevented the Defendant from taking the motion picture and infringed his/her portrait rights; (d) the Defendant demanded the police officer to remove the motion picture on the ground that he/she did not comply with it; (e) the Defendant was forced to remove the motion picture of the Defendant; and (e) the Defendant was forced to remove it from the police officer on the ground that he/she did not go beyond his/her right to do so; and (e) the Defendant continued to go out his/her possession to the police officer or going out his/her movement.

“To return home as defined in the purport of “.”