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(영문) 부산지방법원 2017.10.27 2017노787
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal shall be judged without any need to examine whether the grounds for appeal are submitted, or whether the grounds for appeal are included in the statement of reasons for appeal, if the appeal concerning the grounds for ex officio examination are lawful. However, with respect to the grounds for ex officio examination, it shall be limited to cases where the grounds for appeal are stated in the petition of appeal or are included in the statement of reasons for appeal submitted within the prescribed period. However, even if the grounds for appeal are not included in the statement of reasons affecting the judgment, it may be judged ex officio only in exceptional cases where the grounds for appeal are not included in the statement of reasons. Meanwhile, even if the defendant or defense counsel states

In light of the reasoning of the appeal on August 16, 2017, the defendant's defense counsel asserted that "it constitutes an illegal arrest that does not meet the requirements for the arrest of a flagrant offender even if a family police officer does not require voluntary accompanying to the defendant, but constitutes an illegal arrest that does not meet the requirements for the arrest of a flagrant offender, and thus, the defendant's act of assaulting a police officer at the time of such illegal arrest constitutes a legitimate defense." However, the appellate brief does not contain the above contents, but does not contain any assertion that such contents were asserted within the period for submission of a legitimate appeal. Thus, the above argument cannot be viewed as a legitimate ground for appeal.

B. Even if the evidence duly adopted and examined by the court below was examined, there is no reason to ex officio investigation that could affect the judgment in finding the Defendant guilty of the facts charged of this case. Thus, the above assertion is not subject to a trial ex officio.

The defendant's female living together is reported as D.

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