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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2019.05.31 2018노7945
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal was that police officers were under the influence of alcohol in front of the police officers, and the police officers conspired to assault or injure themselves, thereby arresting the Defendant in the act of committing an offense. In the course of resistance against the police officers, the Defendant saw the bucks of the police officers and broken down bucks.

Therefore, the execution of duties by police officers is illegal, and the act of the defendant is not illegal.

2. The Defendant also presented the same argument in the lower court, and the lower court rejected the judgment on the “a summary of evidence” portion.

In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court, the lower court’s fact-finding and judgment are justifiable, and the Defendant’s assertion is without merit.

① The police officers, at the investigative agency and the court of the court below, consistently and specifically stated that “The Defendant, as stated in the facts charged, acted in F with his hand, and notified E’s face at the time of trial, he arrested him as an flagrant offender, and in the process, the Defendant broken off F’s bucks.”

② G and H, at the time of the instant case, consistently stated in the investigative agency and the lower court court’s trial to the effect that “the Defendant was faced with E face or faced with F’s bridge.”

③ In light of the Defendant’s developments, details, methods, and circumstances revealed through the statement of police officers and witnesses, the Defendant’s arrest of police officers is lawful since the Defendant, upon receipt of a report, assaults police officers who were requested to produce identification cards from the police officers dispatched, and the police officers notified the doctrine that the Defendant was arrested as flagrant offenders.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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