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(영문) 수원지방법원 2018.04.12 2017노8546
특수공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of mistake of fact, the Defendant recognized the fact that it is difficult for the Defendant to control his/her appraisal due to a verbal dispute with the female-friendly Gu, requested the police to arrest him/her for isolation by putting his/her phone to the police, and continued the request after the police called the police, and cannot be deemed to interfere with the police’s performance of official duties.

Nevertheless, the judgment of the court below which found the defendant guilty of interfering with the execution of special official duties among the facts charged of this case is erroneous and adversely affected by the judgment.

B. The Defendant, at the time of the instant case, was suffering from severe depression to the extent that he could not refrain from self-assessment, with severe mental and physical weakness. The Defendant was in a state of mental and physical weakness at the same time.

(c)

The punishment of the court below (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mistake of facts, the fact that the Defendant reported to the police by himself/herself while searching for the victim's house of the 10-day women-friendly job offers at the end of 10 days prior to the dispatch of the police officer, the Defendant demanded him/her to continuously arrest him/her after the dispatch of the police officer, and the fact that he/she responded to the actual arrest process

However, in full view of the evidence duly examined and adopted by the court below, ① The victim was dispatched to the police and so on.

(2) The police officer recommended that he would be able to arrest him with a knife; (3) the police officer recommended that he would be able to arrest him; (4) the police officer asked him to arrest him with a knife with a knife; and (3) the police officer demanded him to arrest him; and (4) the police officer to arrest him.

In spite of the demand, the Defendant does not comply with such demand, and does so, as stated in the facts charged, and “whether or not to arrest it.”

“.........”

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