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(영문) 의정부지방법원 2018.10.08 2018노2170
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant misunderstanding of facts had expressed a desire to the police officers dispatched, the Defendant did not assault the police officers E as stated in the facts charged.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. Since the Defendant, by misapprehending the legal principles, was not informed of the principle of disturbance from the police officer at the time of arrest of a flagrant offender in the instant case, the above arrest of a flagrant offender was unlawful.

(c)

The punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case is as follows: (a) at a multi-household housing building located in C around December 11, 2017, and at around December 21, 2017, four male wraps.

19 shall be changed to 119.

“A” means a defect in which a slope E belonging to the police box of the pakju Police Station, who was dispatched to the site after receiving a report of 112, intends to verify the state of a person who takes the floor at the site and the background of dispute, etc., and prevents it from standing in the corridor, and “a Chewing sar and emergency vehicle will go.”

If the police did not know why he did not:

In order to promptly take the bath, and to confirm the reported matters, E shall disregard the demand to turn off, and further, “the death or death shall be discarded, not by law.”

“I would like to enter the drinking house, and continued to sell the parts of the above E with the hand floor of the A, as was sealed, thereby obstructing the legitimate execution of duties concerning the handling of the 112 reported case by assaulting E who is a police official, and by assaulting E who is a police official.

B. The lower court found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.

(c)

A thorough examination of the lower court’s judgment and the evidence duly admitted and investigated by the first instance court in light of all the circumstances revealed by the lower court.

This is ① Investigation agencies and original trials of police officers dispatched to the site at the time.

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