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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.11.03 2016노1942
업무방해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

A. As stated in each criminal facts in the judgment below, Defendant A interfere with the main business by force, such as assaulting the victim G, etc., and did not interfere with the legitimate execution of duties by assaulting the police officer I.

B. The police officers of the defect that Defendant B attempted to arrest friendly A, who assaulted the Defendant to go beyond the Defendant by assaulting the Defendant, led the Defendant to go beyond the Defendant.

Since the arrest of the defendant is illegal, the obstruction of performance of official duties is not established against the defendant.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding Defendant A’s assertion, the Defendant’s assertion is rejected, since the Defendant interfered with the main business as stated in each of the criminal facts set forth in paragraph (1) of the lower judgment, and the Defendant’s legitimate performance of duties by police officers is sufficiently recognized.

B. According to the evidence duly adopted and examined by the court below regarding the Defendant B’s assertion, it is sufficiently recognized that the police officer I and J attempted to wear the lock in order to arrest the Defendant as a crime of obstruction of performance of official duties, and that the Defendant interfered with the legitimate execution of duties by cutting the police officer, cutting the lock in order to obstruct the Defendant’s obstruction of performance of official duties (the police officer’s arrest of the Defendant as a flagrant offender in the crime of obstruction of performance of official duties is legitimate execution of duties). Accordingly, the Defendant’s assertion is not accepted.

3. In conclusion, since each appeal by the Defendants is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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