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(영문) 수원지방법원 2018.05.18 2018노145
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant did not assault Gyeong K, as stated in the facts charged in the instant case.

Defendant only resisted at the port in order to take a mobile phone E, and did not cut off his mobile phone from E.

In addition, in the process of resisting the defect in which the defendant, who is beyond the border E, tried to wear the arms, was the price of the neck E in the process of resisting the defect, not intentionally prices the neck E.

2) At the time of the price reduction of the parts of this title E, the police officer had performed lawful official duties.

Therefore, there is no room to establish a crime of interference with the execution of official duties.

(1) The exercise of force by police in order to deduct a defendant from C's mobile phone is not legitimate.

The Defendant sent the text message sent to and received from C to the police, and only took the mobile phone from C.

(2) Where a police officer E intends to wear a defendant, such act is not legitimate.

The Defendant did not assault C, and it is difficult to regard him as a crime that can be arrested as a current offender by having the Defendant take a cell phone from C and take the cell phone from C.

The defendant's price price of the police officer E is one of the following days after the police officer attempted to wear the police officer E, so it cannot be viewed as a ground for arrest.

The police officer E did not inform the defendant of the reasons for arrest while trying to wear the defendant.

B. The sentence of the lower court (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.

2. Determination

A. 1) Determination of the misapprehension of the legal doctrine on the assertion that the defendant did not assault the police can be acknowledged in full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, as stated in the facts charged in this case.

A) The Defendant, at the lower court’s court, is the instant case.

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