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(영문) 서울중앙지방법원 2013.09.05 2013노1843

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Erroring facts and misunderstanding of legal principles (1) At the time of the administration of philophones, K put a philophone into the neck of the call he attempts to see, and the Defendant, without gathering such fact in the toilet, did not intentionally administer philophones, and therefore, there was no fact that K administered philophones.

(2) As to the damage to property, the Defendant, rather than before the police officers were called out, had the police officers blurged the driver of the vehicle and flurd it in the process of resistance against illegal arrest after the police officers called out, and had the police officers flurged and flurd it. This constitutes an emergency evacuation or a justifiable act to escape the danger against the Defendant’s physical freedom.

(3) Police Officers H put the Defendant to question the Defendant with respect to obstruction of performance of official duties. Such an act is an exercise of unlawful tangible force.

As the defendant resisted against this, the police officers' arrest of flagrant offenders did not meet the substantive requirements for arresting flagrant offenders and did not meet the procedural requirements such as lack of notification of the principle.

Therefore, the defendant cannot be punished as obstruction of performance of official duties.

B. The lower court’s sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of mistake of facts and misapprehension of legal principles, the court below rejected such assertion in detail under the title "the judgment on major issues" in the judgment of the court below, which states that the defendant and the defense counsel have the same arguments as the grounds for appeal in this part, and the court below rejected such assertion. In light of the above judgment of the court below in comparison with the records, the judgment of the court below

In addition to the following circumstances revealed by the evidence duly adopted and examined by the court below, this part of the facts charged is the same.