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(영문) 전주지방법원 2020.03.26 2020노21

공무집행방해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the statement of grounds for appeal dated January 22, 2020, Defendant 1 stated only the grounds for appeal on the grounds of unfair sentencing in the statement of grounds for appeal on January 22, 2020, but the mistake of facts and misapprehension of legal principles are also asserted as the grounds for appeal in light of the written opinion dated January 16, 2020 and the written statement of grounds for appeal dated January 17, 2020. The Defendant did not have committed an act of disturbing drinking prior to arrival of police officers on October 11, 2019. Thus, the Defendant attempted to request a summary judgment against the Defendant as a charge of disturbing drinking alcohol under the Punishment of Minor Offenses Act is illegal public duties. Moreover, even if the Defendant used to assault police officers, the Defendant’s arrest against the Defendant is illegal because the Defendant was not notified of the principles of non-competing from the police officers at the time of being arrested as the above temporary flagrant offender, and thus, the Defendant’s arrest against the flagrant offender is illegal.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. According to the 112 Overall Situation Report Operation and Report Processing Rules (Rules of the National Police Agency), “112 Report” refers to requesting a crime victim or a person who became aware of a crime to rapidly exercise police force by using various means of communication, such as wire or wireless telephone, text message, etc. (Article 3 subparag. 1); “112 Report Processing” refers to a series of processes, such as closing of measures to ensure the purpose of 112 Report at the place of receipt, on-site call, and on-site call site, etc. (Article 3 subparag. 2); and police officers who received dispatched orders pursuant to 112 Report are obligated to dispatch to the site (Article 13(1)); and police officers who called to the site after receiving a report on 112 report are obligated to strictly deal with the Act on the Performance of Duties by Police Officers, etc. in accordance with relevant statutes and regulations, such as the Act on the Performance of Duties by Police Officers, when taking measures on the site.

(Article 15 subparagraph 1). Accordingly,