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(영문) 서울고등법원 2017.10.26 2017노1862
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles) is erroneous in the misapprehension of facts or misapprehension of legal principles, thereby adversely affecting the conclusion of the judgment.

The Defendant heard the words such as “not guilty due to the participation of the people, etc.” from police officers G, and made a confession contrary to the substantial truth in the lower court’s judgment with his own mind.

A confession made by a defendant in the original instance shall not be admissible as evidence because it has no voluntariness

At the time, since police officers are not arrested the defendant as a flagrant offender through legitimate procedures, they cannot be viewed as legitimate execution of official duties. Therefore, even if the defendant assaults G, it does not constitute a crime of interference with the execution of official duties.

The defendant did not commit violence by having tightly the chest part of G.

However, even if the defendant assaults G, it is merely that there was a physical contact with G at the time of the defendant's assault, and there was no intention of assault against the defendant.

In addition, since the degree of the violence does not reach the degree of obstructing the execution of official duties of the public official, it is not established.

Judgment

In a case where a defendant contests the defendant's voluntary nature of his/her statement at the trial date and contests that it is a false confession, the court should determine whether the above statement was made voluntarily by free conviction in consideration of all the circumstances, such as the defendant's educational background, career, occupation, social status, intelligence, and the contents of his/her statement, according to the specific case (see Supreme Court Decision 2010Do3029, Nov. 29, 2012, etc.). Examining the defendant's educational background and intelligence level (passing the examination notice, holding a large number of national certification), the details of the reversal of the statement, and the statement made by G and K, etc. in light of the legal principles as seen earlier, the court below is open to the public.

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