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(영문) 인천지방법원 2014.12.26 2014노3749
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant only finite finite finite finite finite finite finite finite finite finite finite finite finite E’s finite finite E’s hand, and the Defendant’s act constitutes self-defense.

2. In order to establish self-defense as stipulated in Article 21 of the former Criminal Act, the act of defense must be socially reasonable and considerable, taking into account all specific circumstances, such as the type, degree, method, and type and degree of legal interests infringed by the act of infringement, and the kind and degree of legal interests to be infringed by the act of infringement, as well as the act to defend himself/herself or another person’s infringement of legal interest should have considerable reasons

According to the evidence duly adopted and examined by the lower court (see, e.g., Supreme Court Decisions 98Do3506, Jan. 26, 1999; 2008Do7156, Mar. 12, 2009) and the evidence duly adopted by the lower court, the Defendant: (a) as a matter of application for tour voucher at the Incheon Bupyeong-gu D community service center on June 19, 2014, with a large amount of sound to E, who is a public official, within the community service center, so that he can avoid disturbance; and (b) in light of the aforementioned legal principles, the Defendant’s above act cannot be deemed to constitute self-defense, and thus, it does not constitute legitimate self-defense.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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