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(영문) 대전지방법원 2016.02.04 2015노1119
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not interfere with the performance of duties by police officers concerning the handling of 112 reported cases.

The police officer's excessive intervention between the defendant and the defendant's wife at the time, and the case occurred, and the police officer's execution of duties was not a law.

B. The sentence of the lower court’s unfair sentencing (an amount of five million won) is too unreasonable.

2. When the prosecutor made an ex officio judgment (revision of indictment) and the facts charged in the instant case, the Defendant interfered with the legitimate execution of duties concerning the handling of the reported case by the police officer.

As a result, “the Defendant interfered with the legitimate performance of duties by police officers regarding the prevention and control of crimes.”

“Application for Amendments to Bill of Indictment” was filed, and this Court permitted it.

As such, the judgment of the court below is no longer maintained, since the subject of the judgment was changed in the court below.

However, even if the judgment below reversed the above ex officio, the defendant's assertion that the duty of police officers was not legitimate is still subject to the judgment of the court of this Court, and this is examined (it does not separately determine the part of the defendant's appeal that the defendant did not interfere with the police officers' performance of duty concerning the handling of 112 reported cases, on the ground that the duty of the police officers who obstructed the defendant was changed from "the handling of 112 reported cases" to "the prevention of crime", and thus, it does not change the duty of the police officers who interfered with the defendant's duty to prevent and

(a) Article 6 of the Act on the Performance of Duties by Police Officers is that a police officer intends to commit a crime in front of him/her;

When it is recognized, a warning necessary to prevent it shall be issued to the persons concerned, and in cases of emergency in which such act is likely to inflict any harm on people's lives and bodies or cause any serious damage to property.

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