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(영문) 서울북부지방법원 2016.12.16 2016노747
공무집행방해등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be set forth in six months.

provided that this ruling has become final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, without paying the drinking value, tried to leave the scene in a state where the police officer H and Defendant’s daily behaviors, etc. who called to the site after receiving 112 reports on a disturbance without paying the drinking value, continued to show a ditch and continued to exercise force. In the process of the police officer H’s restraint, the Defendant used violence against the police officer H.

At the time, there was a need to arrest the defendant as a flagrant offender, and the police officer's act of avoiding the defendant's escape constitutes legitimate performance of official duties.

Nevertheless, the court below erred by misapprehending the facts and thereby acquitted the obstruction of performance of official duties.

B. The sentence imposed by the lower court is too uneasible and unreasonable.

2. Determination:

A. The summary of the charges charged with the obstruction of performance of official duties is as follows: (a) on August 2, 2015, the Defendant: (b) 02:07, at the main point of D’s “E” operated; (c) expressed a large amount of interest without paying the drinking value; and (d) laid the door onto the advertising board attached to the main wall of the main wall; and (c) 112 reported the fact that the Defendant obstructed D’s main duties by force; and (d) attempted to go back to the first floor of the Seoul mid-gu Police Station G Police Station that was called upon upon receiving a report from the police officer H(30 years of age) to make settlement of the drinking value from the police officer H(30 years of age; and (d) assaulted H one time on the top of the building that led H’s arms to the right part; and (e) assaulted one time the chest.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning H 112 reporting duties.

B. The following facts can be acknowledged in full view of the evidence duly adopted after examining the evidence of the determination of mistake of facts.

① Upon receiving 112 reports by the Defendant, the Defendant sent the disturbance to the scene by drinking alcohol at “E” stations, taking a bath without paying the drinking value, etc.

The police officer has mediated the relationship between the drinking house and the defendant and his day, and requested the defendant to calculate the drinking value.

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