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(영문) 제주지방법원 2013.10.31 2013노192
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles as seen earlier, the Defendant only prevented police buses from taking corrective measures because of a large number of vehicles under the influence of ordinary speed prior to elementary schools, which were demanded by the police station to take measures to prevent such circumstances. Nevertheless, the act of the F is unlawful as it infringes upon the Defendant’s portrait rights. The latter part of Article 6(1) of the Act on the Performance of Duties by Police Officers is an immediate administrative measure that restricts the Defendant’s physical freedom, and thus, it should be applied only when it is deemed that the crime is attempted to take place before the police officer. In addition, the lower court’s act of G, which prevented the Defendant from taking different measures to resist illegal shooting, did not meet the requirements of the latter part of Article 6(1) of the Act on the Performance of Duties by Police Officers, and thus, did not err in the misapprehension of legal principles as to the Defendant’s act of infringing upon the police officer’s right to use his arms, and thus, did not constitute unlawful self-defense, such as unlawful arrest.

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