logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.03.14 2013노1503
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant was arrested as an offender in the crime of obstruction of performance of official duties under the circumstance that the Defendant did not know about the face of the police officer F, who was called upon 112 report, without being informed by F of the summary of the crime, the reason for detention, and his defense counsel, and without obtaining an opportunity to defend himself. In the process, the Defendant resisted and resisted the above illegal performance of official duties.

However, the court below found the defendant guilty of obstruction of the performance of official duties among the facts charged of this case, which affected the conclusion of the judgment by misunderstanding of facts and misunderstanding of legal principles as to legitimate performance

2. The evidence duly adopted and examined by the court below and the following circumstances that can be recognized by the court below, namely, ① a police officer F has consistently arrived from an investigative agency to the court of original trial after receiving a report from 112 to 112 that a person is suffering from disturbance, and thus the defendant left the 1st floor of the building of this case, so the defendant was under the influence of alcohol. The defendant, as a tenant of the underground generation of the building of this case, appeared to witness that the defendant's female-friendly job I was walking the defendant, and was accompanied by the defendant's entrance from the building owner D, and the defendant was able to hear the desire from the defendant and take the face part one time in the process of questioning the defendant as to whether he would be son, and the defendant was arrested as an offender committing a crime of obstruction of the performance of official duties, and provided the defendant with an opportunity to appoint a defense counsel, but the defendant was given an opportunity at the time of arresting the police officer to the same extent as the defendant stated in the facts charged at the time of assault and stated in the court below.

arrow