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(영문) 인천지방법원 2018.10.05 2018노2109
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal doctrine) by the police officer called out, when the police officer exercised tangible power, such as inducing the police officer by force to force him/her, and driving the part of the defendant by hand, the defendant did not spawn his/her arms in the process of resistance to defend himself/herself, and did not assault the police officer.

2. We examine the allegation that first of all the judgment did not have the intention of assault and that there was no intention of assault.

Comprehensively taking account of the evidence duly adopted and examined by the lower court, the Defendant: (a) maintained the hand of a police officer, who had a police officer carried his own title two times or more at an investigative agency, and carried his own title into his left hand; and (b) carried the chest of a police officer who had a police officer carried his title on one occasion.

As the statement is acknowledged, the defendant is recognized to have assaulted a police officer intentionally by threatening him/her with awareness and intention that he/she is aware that he/she knows his/her chest.

Therefore, this part of the defendant's argument is without merit.

Next, I examine the argument that it constitutes a legitimate defense or legitimate act.

In full view of the evidence duly adopted and examined by the court below, the following circumstances are as follows: ① Police officers received a report from 112 stating that “A child scam, scam, and scam as soon as possible” were sent to the site of this case; while the Defendant’s mother heard his statement on the circumstances of this case from her mother, the Defendant scamed and tried to scam his mother with a large interest; ② Police Officers attempted to scam the Defendant’s arms, and ② Police Officers attempted to remove the Defendant’s arms, and two police officers, in the process of scaming the Defendant’s two arms while the Defendant scam and continued to scam the Defendant. During that process, the Defendant was faced with F’s grandchildren, and the Defendant scam by hand, and then scam the Defendant’s scam with his own chest.

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