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(영문) 서울중앙지방법원 2015.12.17 2014고단3346
공무집행방해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 27, 2014, at around 10:30, the Defendant reported that he was a person under the influence of alcohol in front of 195, Gwanak-gu, Seoul Special Metropolitan City (Yongcheon-dong, Cheongcheon-gu, Moolpool Lease) and used the victim’s face by the slope C belonging to the Seoul Gwanak-gu Police Station B zone who was called out after receiving 112 report, and assaulted the victim’s face one time by drinking the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant asserts that the defendant's act constitutes self-defense or legitimate act, even though he did not so, as a defense counsel under Article 59 (1) of the Criminal Code, that his act constitutes self-defense.

Therefore, in light of the evidence duly adopted and examined by this court in the above facts of crime, the defendant can be recognized that the defendant she saw that she was aware that she was about to build his body and her body and she was drinking against it, and the victim was forced to stop it. Even if the defendant was in a state that she was unable to properly her body while under the influence of alcohol, she cannot be deemed as mere physical reflective acts, and at least there was sufficient awareness of assault as a meaning that she had physical force.

In addition, the defendant's act is that the victim who wants to shoulder himself or take protective measures is able to take his hand or body and actively display the victim's drinking to the victim, and the victim who wants to restrain it is able to do so.

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