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(영문) 부산지방법원 2019.05.15 2018고단5314
공무집행방해
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Around November 18, 2018, the Defendant: (a) committed assault to arrest a flagrant offender for the suspicion of assault on the ground that the slope E belonging to the Busan Police Station D District, which was called out after receiving a report of assault in front of C in Busan, Jin-gu, Busan, and notified the Defendant of his intention to arrest him as a flagrant offender for the suspicion of assault.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

2. Determination

A. At the time of dispatch upon receipt of a report by a slope E, only the Defendant’s female-friendly job offers F, and the Defendant had drinking alcohol in nearby “C”.

F. F. F. F. F. F. F. F. F. F. F. F. F. F., the Defendant was sold while talking with the Defendant and the police station.

(A) Whether to arrest an offender in the act of committing an act of committing an offense, or whether to demand voluntary behavior, is unclear). The Defendant spreaded the hand of the slope E, and the slope E arrested the Defendant with the same police officer.

B. According to the above facts, the defendant cannot be deemed to be a flagrant offender or quasi flagrant offender, and the defendant's act resisting against illegal arrest of an offender constitutes obstruction of performance of official duties.

3. According to the conclusion, since the facts charged in this case constitute a case where there is no proof of crime, the judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence is publicly announced pursuant to Article 58(2) of the Criminal Act

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