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(영문) 인천지방법원 2016.06.30 2015노4727
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principles as to obstructing the performance of official duties, or arresting the defendant as an offender in the crime of fraud constitutes an illegal arrest that does not meet the requirements for arresting a flagrant offender, such as the apparentness of the crime and the need for arrest. Thus, the defendant's resistance against the act of assaulting a police officer does not constitute a crime of obstructing the performance of official duties, and even if so

Even if the defendant knew that the arrest of the police officer was illegal, and such an act was committed, the illegality is dismissed.

B. Comprehensively taking account of the evidence submitted by the prosecutor as to the fraud (public prosecutor), there was a criminal intent to obtain the Defendant’s deceptive fraud.

Even if recognized, the judgment of the court below that found the defendant not guilty of this part of the facts charged is erroneous in the misapprehension of facts.

(c)

With respect to the punishment sentenced by the court below (a pair of penalties), the defendant asserts that the defendant is too unafford and unfair, and that the prosecutor is too unafford and unfair, and that the prosecutor is too unafford.

2. Determination

A. Judgment 1 on the Defendant’s misunderstanding of the facts or misapprehension of the legal principles 1) The summary of the public prosecutor’s office was notified that the Defendant, on September 9, 2015, at around 05:30, “E” located in Nam-gu Incheon Metropolitan City, and “the Defendant does not calculate the drinking value” upon receiving a 112 report and sent out to the effect that he would arrest the Defendant as a flagrant offender in the course of fraud from G around the F District of the Seoul Southern-dong Police Station that was called out after receiving a 112 report. This would be a more drinking.

However, why is he is arrested or not;

"............" The face of G is called "........"

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

2) The judgment of the court below also asserted the same as the grounds for appeal in this part, and on this basis, the court below held ① from around September 9, 2015 to around 1 to 2 hours from around September 30, 2015, the Defendant and one-half hours.

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