(영문) 부산지방법원 2017.11.30 2017노3177 | 리걸엔진

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(영문) 부산지방법원 2017.11.30 2017노3177

공무집행방해

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of misunderstanding the facts, police officers first assaulted the Defendant, such as having pushed the Defendant, having knicked the chest, and having knicked the Defendant, and the Defendant resisted this, police officers arrested the Defendant without notifying the doctrine of domination.

The defendant only sent the police officer F to defend the police officer's unlawful exercise of force passively, and the arrest process is also illegal. Therefore, the defendant does not constitute a crime of obstructing the execution of official duties.

B. The punishment sentenced by the lower court (two years of suspended sentence for six months of imprisonment, and one hundred and sixty hours of community service order) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court as well as the CCTV images, etc. in the trial, namely, ① Police Officers F, while soliciting a person who was under the influence of alcohol to invalid home to investigation agencies and the lower court, made verbal abuse while the Defendant was brying.

Although the defendant was required to explain the circumstances to the defendant and return home, the defendant continued to raise an issue and took a bath for the police officer I.

When the defendant requires the presentation of identification card, the chest was pushed down with a elbow.

The Defendant consistently stated that “the Defendant was fluent to the other police officers in order to fear of escape, and then notified the fransh doctrine.” The CCTV images also correspond to the above F’s statement because the Defendant’s face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-on-face-on-face-on-face-on-face-on-face-on-face-on-face-on-face-on-on-face-on-on-face-on-on-face-on-on-on-face-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on

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