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(영문) 서울북부지방법원 2019.02.15 2018노2103
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as indicated in the facts charged in the instant case, did not blick the breath of a police officer or boom the boom.

B. In light of the legal principles, the Defendant properly committed one person’s demonstration at the time of the instant case, and the police officer tried to illegally arrest the Defendant while interfering with the said demonstration. Therefore, the Defendant inevitably resisted the above arrest.

C. The lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. As to the assertion of mistake of facts and misapprehension of legal principles, C, a police official dispatched to the site at the time of the instant case, consistently, until the lower court rendered a statement to the effect that “A, who is a police official, was dispatched to the site by receiving a report that a guest is in a high sexual intercourse. Around 80cc high, the Defendant was going on the front of the front of the 80cm in India and faced with a large noise, such as “D promptly pit,” and the Defendant’s act of spreading the Defendant’s arms as it did not go against the Defendant even though he had fested several times in danger to the Defendant, and said C’s act of insulting the Defendant for about 10 minutes.” Meanwhile, C’s statement to the effect that “A witness’s statement is consistent with witness’s statement, such as E, and that the Defendant’s act of insulting the Defendant’s 2 as well as the act of insulting the Defendant’s 1 to the Defendant’s act of insulting the Defendant’s 1 to the 2nd degree of objective evidence.”

Therefore, C's arms that were listed above the blocking area, etc. are put up.

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