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(영문) 서울북부지방법원 2016.05.13 2015노1326
공무집행방해
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Reasons for appeal;

A. The Defendant is not aware of a fact that he spreads a coffee to the face of a police officer or takes the face of a police officer.

B. Legal doctrine-misunderstanding police officers’ attempt to illegally arrest the Defendant cannot be deemed legitimate execution of official duties, and the crime of obstructing the performance of official duties cannot be established on the ground that they resisted against this.

(c)

The punishment of the court below is heavy.

2. Determination

A. The summary of the facts charged is as follows: (a) the Defendant: (b) was unable to discern things or make decisions due to a mental fission; (c) was found in the D box located in Seoul, Jungdong-gu, Seoul, around January 29, 2014; and (d) was found to have been reported prior to the loss; and (c) was able to look back from E, a police officer belonging to the police box, etc.; (d) was able to look back of the box; and (e) was instructed outside the entrance of the police box; (e) the Defendant was fluored of coffee in the fluorped World Cup on the face of E; and (e) was fluording the fluor’s face in the process of arrest; and (e) was obstructed by lawful performance of duties concerning the police box’s duties.

B. According to the results of the CCTV reproduction of CCTV images by this Court duly examined and adopted the reasoning for appeal, the following facts are recognized:

On January 29, 2014, the Defendant entered the instant instant World Cup containing coffee 05:54:30 on January 29, 2014, and entered the instant instant boxes.

The defendant left hand on the same day 05:55 13 on the same day, accompanied by paper documents and sent out of the police box.

A few earlys, one police officer, one police officer, who gives and receives horses, has come to another police officer.

First of all, 05:55:23 Police officers' clothes on the left side of the defendant's left side, and let the defendant get the defendant into the police box, and dump the defendant gets into the left side hand.

2 Police Officers assigned the Defendant to a police box who was sent to and carried the Defendant;

Two police officers are more and more and 4 police officers are able to see.

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