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(영문) 서울동부지방법원 2017.05.12 2016노1392

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, upon receipt of a report by the Defendant, conducted an act of entering in the facts charged in the course of resisting the cab engineer’s hunting at the Defendant’s request by the police officers, who conducted a fluoration of women or fluoration of fluor, by investigating the Defendant’s fluoration of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor

B. In light of the various sentencing conditions of this case, the lower court’s sentence of one year of suspended sentence is too unreasonable in that it is too unreasonable for the lower court to have sentenced the Defendant for four months of imprisonment with labor.

2. Determination

A. Self-help under the Criminal Act in determining the assertion of misunderstanding of facts or misapprehension of the legal doctrine

“If it is impossible to preserve a claim in accordance with the legal procedure, it refers to an act to avoid the impossibility or significant difficulty of the execution of the claim (see, e.g., Supreme Court Decisions 2007Do7717, Dec. 28, 2007; 2012Do7279, Jun. 13, 2013). Examining the evidence and records duly admitted by the court below in light of the evidence and records, it was impossible or considerably difficult to preserve the defendant’s authority to request investigation as a victim under the legal procedure to the investigative agency.

In addition, it is difficult to find out the circumstances to find out, and the defendant's act of this case cannot be viewed as a considerable action to avoid the impossibility or significant difficulty of the execution of the claim.

Therefore, the defendant's mistake of facts or misapprehension of legal principles is without merit.

B. The fact that there is no criminal history against the defendant in determining the unfair argument of sentencing is favorable to the defendant.

However, this case, however, takes a bath for the police officer dispatched by the defendant upon receipt of 112 report, takes the face and clothes of the defendant, takes the water into the breast, put the raw water in the breast, and take the face of the drinking.