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(영문) 서울고등법원 2014.02.07 2013노3359
특수공무집행방해치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts F and G did not clearly state their status in the course of arresting the Defendant, and did not comply with due process of law, such as failing to present an arrest warrant, and not giving notice of the non-satis principles.

Therefore, even though the defendant requested the presentation of arrest warrant, the defendant tried to go in a real force by failing to comply with F and G, and the defendant resisted to illegal arrest by leaving his head in the process of resistance, and there is no fact that the defendant f and G resisting the f's shoulder with a tree-saving net or a tree-saving net.

Therefore, F and G acts cannot be deemed legitimate execution of official duties, and the defendant's act does not constitute a crime of obstruction of performance of official duties, and even the part of the defendant's exercise of real force constitutes legitimate self-defense as an act of resistance against illegal arrest.

B. In light of the fact that the defendant reflects his wrong, etc., the sentence of the original court (two years of imprisonment) is too unreasonable.

2. Determination

A. (i) The judgment of the court below on the assertion of mistake of facts also rejected the defendant's assertion that F and G acts do not constitute the crime of obstruction of performance of official duties, and the defendant's act did not constitute the crime of obstruction of performance of official duties, and the defendant's act constitutes self-defense. The court below determined that F and G observe the principle of due process in arresting the defendant, and that in full view of the following circumstances, F and G complied with the principle of due process in arresting the defendant.

㈎ 경찰관 F, G은 익명의 제보자로부터 서울 서초구 C에 있는 ‘D’ 주점에 지명수배자 ‘A’가 있다는 신고를 접수하고 전산으로 사진과 체포영장 발부 내역을 확인한 다음, 위 주점으로 들어가 사진과 비슷한 외모의 피고인에게 다가가 각자 소속, 성명, 직급을...

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