(영문) 서울서부지방법원 2020.04.16 2019노1561

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(영문) 서울서부지방법원 2020.04.16 2019노1561

마약류관리에관한법률위반(향정)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error or misunderstanding of legal principles 1) The amount of damage and destruction of property is merely a string of the head of the string, and the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the destruction of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the st

When the defendant was prevented, the police officer first pushed the defendant, and the defendant only pushed the police officer's body in order to resist it.

The act of the defendant does not constitute violence to the extent of obstruction of performance of official duties, and it constitutes legitimate act or self-defense to oppose the illegal performance of official duties by police officers.

3) There is no fact that philophones have been administered in violation of the Act on the Control of Narcotics, etc. (flag).

① Although a police officer was arrested a flagrant offender for committing a crime related to narcotics, the police officer was unable to carry the obstruction of performance of official duties on grounds of the arrest of a flagrant offender, the police officer did not meet the requirements for the arrest of a flagrant offender as minor, and did not notify the summary of the suspected crime and the reasons for the arrest of a flagrant offender.

This part of the evidence can not be used as evidence of guilt since it was proved in the process of illegally arresting a flagrant offender by the police officers.

② Police officers, who look at the side of the defendant, moved the side before the defendant gets on the side.

This is not admissible as it violates the seizure procedure, and the defense has been contaminated during the movement.

참조조문

-마약류 관리에 관한 법률

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