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(영문) 서울동부지방법원 2018.07.27 2018노19
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor on the grounds of appeal (misunderstanding of facts), since the defendant's act of obstructing the defendant's business was about to be done before the time and place specified in the facts charged, and the situation where there is an urgent concern over causing serious damage to the defendant's property, thereby satisfying the requirements for taking measures under Article 6 (1) of the Police Officers' Duties Execution Act, it constitutes legitimate execution of official duties by the police officer F, and the defendant's act constitutes interference with the execution of official duties.

2. A thorough examination of the evidence duly adopted and examined by the court below in light of the records, based on the judgment of the court below, based on ① the evidence of this case does not constitute "emergency cases where the defendant's act is likely to inflict harm on the life or body of people or serious damage to property" as provided by Article 6 (1) of the Act on the Performance of Duties by Police Officers, and the direct exercise of police officers' power in the process of inducing the defendant by force exceeds the appropriate level, and ② As a result, the arrest of the defendant does not constitute legitimate execution, and as long as the defendant's act of assaulting police officers F of the police officer during the refusal process does not constitute a crime of interference with the execution of official duties, and the assault against police officers G constitutes a legitimate defense for getting out of the illegal body, and also constitutes a crime of interference with the execution of official duties, it is reasonable that the court below's judgment that all of the charges of this case is acquitted is justified, and since new evidence corresponding to the facts of this case has not been submitted at the court below.

It does not seem that it does not appear.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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