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(영문) 서울동부지방법원 2018.10.25 2018노900
위계공무집행방해등
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the above judgment shall be publicly notified.

Reasons

Summary of Reasons for appeal

A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant reported to the police for the purpose of requesting the police to collect pedal by drinking in the new wall in a situation where the body was not leaked on the new wall. Thus, it does not constitute a false report.

B) Although there was a somewhat exaggerated aspect of the content of the Defendant’s report, at the time, there was no intention that the Defendant did not cause mistake to the investigation agency.

2) As to interference with the execution of official duties and injury, the arrest of the Defendant was unlawful on the grounds that the requirements for the arrest of the flagrant offender were not met at the time of arrest, as well as that of the failure to notify the Defendant of the principle.

Therefore, the illegality of the defendant's act is excluded as a legitimate act.

B) The Defendant did not inflict any injury on the victim D, who is a police official, and did not have any intention to inflict any injury.

3) As to the obstruction of the performance of official duties by deceptive means, interference with the performance of official duties, and injury, the Defendant was physically and mentally deprived or physically weak at the time of committing each of the instant crimes.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

Judgment

A. The summary of the facts charged 1) The Defendant who interfered with the performance of official duties by deceptive means from around 02:00 to around 03:00 on September 11, 2017, went to the roadside-dong,cheon-dong, and Sungdong-gu Seoul Metropolitan Government from around 02:0 to around 03:00, and went to the Dong-dong, Gangdong-gu, Seoul, and brought a call to the Integrated Situation Office 112 of the Seoul Local Police Agency for approximately 50 times in mobile phones without notifying the police officer of his location. As such, the Defendant was in the “B speech room” by calls to the police officer on the same day while demanding the dispatch of the police officer as he was in an emergency.

The location of the Seoul Gangnam Police Station C District Branch D and E were sent to the said sing room located in Gangdong-gu Seoul Metropolitan Government F, but the reporter could not be found. On the same day, around 03:23 on the same day, they were phoneed to the 112 comprehensive situation room, and “Choe, G,” and called “Choe, G.”

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