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(영문) 부산지방법원 2017.07.07 2016노5041
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant resisted a police officer’s illegal performance of official duties who illegally arrests A as a current offender without notifying the U.S. principle, and did not assault police officers; (b) the lower court found the Defendant guilty of the facts charged in this case; (c) the lower court erred by misapprehending the facts

2. Comprehensively taking account of the evidence duly admitted and examined by the court below and the court below, A, at around 00:10 on May 3, 2016, intended to lawfully arrest A from the G point of view of F operation in Busan-gun E, to the extent that he was suffering from disturbance, such as the gathering of beer, beer, satis, and satis, which were located within the above main point and damaged during the dispute, and obstructed the operation of the main place. On the same day, at around 0:30 on the 112 report, the police officer of the Busan Ha District Police Station, who was dispatched to the site after receiving a 112 report, and the police officer sent notice that A may request a review of the summary of the crime, reasons for arrest, the right to appoint defense counsel, and the legality of detention, and to lawfully arrest B as the current offender on the charge of the damage of property and interference with duty, but the Defendant refused to take part of A's appearance and obstruction in the performance of duty by the police officer at the port.

It is reasonable to view it.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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