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(영문) 제주지방법원 2014.01.16 2013노379
공무집행방해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant merely took the face of the police officer G as if he was aware of the face, and there is no face of G.

At the time, police officers, including G, move the defendant to the side by force without notifying the domination principle, cannot be seen as a legitimate performance of official duties.

The punishment of the lower court (hereinafter referred to as a fine of 4 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts or misapprehension of legal principles, the fact that the Defendant, at around 23:15 on October 27, 2012, engaged in demonstration on the road along with other demonstration participants and moved to the side by police officers who called up for the demonstration to the side (the police, once every two hours, moved the demonstration to the side so that the construction vehicle can enter the side). The Defendant resisted against the police officers’ restraint and took a serious bath, and prevented the Defendant, etc., from taking a hand over, and booming off, G, which is a scambed G, with the Defendant’s hand over, and the fact that there was a hacker in the face of G.

(Simple fingers can not be seen as simple fingers) Furthermore, Article 6(1) of the Act on the Performance of Duties by Police Officers provides that "If a police officer deems that a criminal act is about to be committed in front of his/her seat, he/she may issue a warning to the persons concerned to prevent such act, and if it is urgently required because the act is likely to cause danger and injury to human life or body, or cause serious damage to property, he/she may restrain such act." This provision provides that a police officer's warning or restraint may not only be done before the commencement of the commission of a criminal act for the purpose of preventing a crime, such as the language and text thereof, but also

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