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(영문) 의정부지방법원 2016.11.03 2016노2076
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles did not constitute assaulting the chest of a victimized police officer as stated in the instant facts charged. Even if the Defendant committed assault against the victim, this constitutes legitimate act or self-defense, and thus, constitutes a legitimate act or self-defense by the police officer. 2) The punishment sentenced by the lower court of unfair sentencing (hereinafter “fine 4 million won”) is too unreasonable.

B. The sentence of the Defendant (a fine of 4 million won) imposed by the Prosecutor is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below on the assertion of mistake of facts and misapprehension of legal principles, the defendant's act constitutes obstruction of the performance of official duties by assaulting a police officer on the part of the defendant's box, leaving him/her away from the course of the damaged police officer, and pushing him/her over the chest part of the damaged police officer's chest. The defendant, who caused the damage police officer's bodily fighting by cutting his/her arms and booming the damaged police officer with his/her body in order not to be pushed down, and even if he/she received a warning and a request for evacuation from the damaged police officer, he/she continued to do so, and even if he/she received a demand for warning and evacuation from the damaged police officer, and such act constitutes an act of obstruction of the performance of official duties by assaulting a police officer on the part of the defendant's box, and constitutes an unlawful performance of official duties.

or to defend the defendant, the defendant cannot be deemed to have committed such act.

Defendant’s assertion cannot be accepted.

B. It is recognized that the defendant's decision on the argument of unfair sentencing is old and agreed with the victim police officer.

However, in order to maintain and establish the legal order, it is necessary to strictly punish the crime of obstruction of performance of official duties.

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