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(영문) 울산지방법원 2016.12.22 2016노1376
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not sprink tobacco smoke on the face of the police officer F as stated in the facts of crime, and even if such fact is acknowledged, it cannot be viewed as an exercise of tangible force constituting a crime of obstruction of performance of official duties. In the process of the Defendant’s arrest, the police officer F performed a breath of the police officer F with a view to making it easy for the Defendant to sprinkbling with the breath and with the breath of drinking bals by drinking bals, but this constitutes a legitimate act as a defense against the unlawful arrest by the police officer, as a legitimate act.

2. According to the evidence duly adopted and examined by the lower court: (a) police officers G belonging to the Ulsan Southern Police Station, and F, upon receiving a report that the Defendant and I did not pay the drinking value on February 25, 2015; (b) the Defendant refused to pay the drinking value while continuing a disturbance; and (c) the above G calls to the effect that “B refuses to pay the drinking value; (d) the Defendant notifies the Defendant of the right to refuse to make statements and the right to appoint counsel; (e) the Defendant arrested the Defendant as a flagrant offender in the crime of fraud and insult; and (e) tried to find the Defendant by causing the Defendant to wear the shoulder and part of the Defendant’s shoulder while arresting the Defendant as a flagrant offender in the crime of fraud and insult (as alleged by the Defendant, it is difficult to recognize the payment of the drinking water as a lawful act of obstruction of performance of official duties by adding the above Defendant’s face to the appearance of the Defendant.

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