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(영문) 창원지방법원 2018.05.17 2018노604
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine and misunderstanding the legal doctrine merely cited multiple-use blades before the police station belt, and thus does not constitute minor crimes under the Punishment of Minor Offenses Act.

Even if the act of the defendant constitutes a violation of the Punishment of Minor Offenses Act, since the defendant's residence is not denied, the act of the police officer's arrest of the defendant constitutes illegal arrest that does not meet the requirements for arrest in the act of crime, and the act of the defendant against this is a legitimate defense.

Nevertheless, the judgment of the court below recognized the defendant's crime of obstruction of and injury to the execution of official duties.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. The Defendant also asserted that the lower court had the same purport as that of the trial, and the lower court rejected the aforementioned assertion by stating in detail the judgment on the assertion of misunderstanding of facts and misapprehension of the legal doctrine.

In full view of the following circumstances established in light of the evidence duly adopted and investigated by the lower court, the lower court’s judgment that convicted the Defendant on the ground that the Defendant committed a crime of interference with and injury to the performance of official duties is justifiable.

Therefore, the defendant's assertion is not accepted.

1) The current criminal may be arrested without a warrant (Article 212 of the Criminal Procedure Act), but a maximum amount of a fine not exceeding 50,000 won, detention, or minor fine may be arrested only when the dwelling of the criminal is not evident (Article 214 of the Criminal Procedure Act). (2) The defendant, while under the influence of alcohol before the entrance of the police station, uses a multi-use knife (blade 60m in the knife) while under the influence of alcohol and has failed to conceal and respond to the police officer’s request to confirm the knife the knife. Therefore, the defendant is a flagrant offender of the crime of the Punishment of Minor Offenses Act.

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