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(영문) 부산지방법원 2017.11.09 2014노2674
공무집행방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal did not wish police officers E at the time of appeal, and did not use violence against police officers, and the police officers exercised excessive tangible power at the time of arresting the Defendant as the current offender, etc., and thus did not interfere with legitimate execution of official duties by unlawful arrest procedures. However, the lower court found the Defendant guilty of the facts charged in this case. The lower court erred by misapprehending the legal principles.

2. Determination

A. On September 1, 2013, around 06:40 on September 1, 2013, the Defendant: (a) received a report from foreigners prior to the Busan Southern-gu C convenience store to drink drinking by drinking alcohol; (b) reported that the police officers are able to return home on the spot; and (c) stated that “I do not have any error to do so; (d) the police officers would return home again; but (e) whether the police officers were able to talk to go home on the spot.”

We are well-grounded in our country.

The Defendant insultd the Defendant 2, as the above circumstances, that the Defendant arrested the Defendant as a current offender due to insult E as a crime of insult. The Defendant interfered with legitimate performance of official duties, such as “I do not mislead the Defendant, I do not know that E would have any son’s son, and knife E’s son’s son’s son at her rank.”

B. (1) The judgment of the court below on the establishment of the offense of insult and the evidence duly admitted and investigated by the court below, and ① The victim E requests the investigative agency to send to the court below and the court below to return to the police officer including the defendant, and whether the police officer was present at the police officer’s visit to the court below and the court below.

In addition, the age also expressed a desire to “Seman Maeman” and is subject to punishment for insult.

In spite of talks, the current situation is relatively specific and consistent (Evidence No. 14 of the evidence record and the public trial record) by stating that “Neman’s Mad, Mad, Mad,” continued to take a bath.”

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