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(영문) 춘천지방법원 2014.09.24 2013노993
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Although the defendant used the grounds for appeal (legal scenarios) in assaulting G as stated in the facts charged in this case, the above G violated the duty of good faith and friendship under the State Public Officials Act with respect to the civil petition of the defendant stated in the above facts charged (hereinafter "civil petition of this case"), and it did not constitute legitimate execution of official duties. However, the court below erred by misapprehending the legal principles that determined that the crime of interference with official duties is established on a different premise, thereby adversely affecting the conclusion of the judgment.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the above G is in charge of overall affairs related to the advertisements as C viewing Urban Design and Local Facility Inspectors. At the time of the instant case, G was in consultation with the installer of illegal outdoor advertisements and the removal thereof in relation to the civil petition of this case at C viewing Urban Design and Office, and the Defendant also stated at the investigative agency that G was divided with two civil petitioners at the time of the instant investigation agency, even though G showed a somewhat unfaithful attitude with regard to the civil petition of this case, it is recognized that G had lawfully performed the above counseling duties as part of the execution of official duties at the time of the instant case. Thus, the Defendant’s above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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