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(영문) 청주지방법원 2017.03.29 2016노1585
공용물건손상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of Reasons for Appeal - With respect to injury and interference with the performance of official duties

A. The Defendant does not agree upon the face of E from his head to walk on the sway.

Even if the body contact was made by the staff of the Cheongju Foreign Protection Office, there was a physical contact between the defendant and his body in the process of suppressing the defendant, and not only the defendant did not have an intention to injure, but also the defendant's act constitutes a legitimate defense or legitimate act.

B. It was true that the defendant puts the victim's arms as soon as possible, or it was caused by a party defense or a legitimate act in the course of defending the victim's arms by plucking or plucking them completely after the defendant's arms.

(c)

The special safe guard measure of this case was not in accordance with legitimate procedures, and is within the scope of discretion.

Since it cannot be seen as lawful performance of official duties, it is not legitimate.

I would like to say.

Therefore, the act of resistance does not constitute a crime of interference with the execution of official duties, and the legitimate defense is against the crime of injury.

(d)

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine that found the Defendant guilty of the part of the facts charged of this case’s injury and obstruction of performance of official duties.

2. Determination

A. A. Around May 11:20, 2016, the summary of the charges charged against the injury and interference with the performance of official duties committed an injury to the victim, i.e., the Defendant, at the Cheongju Foreigner’s Protection Center C, where the employees of the Cheongju were faced with the face of the victim E (47 taxes) who was the victim themselves D in order to restrain the Defendant, and to take special safe guard measures, and as soon as possible, walked with the victim’s arms and kising with the booms of the victim, he did not have a head open for treatment for about two weeks.

As a result, the defendant injured the victim, and at the same time interfered with legitimate execution of duties concerning special safe guard measures of immigration officials.

B. Judgment of the court below.

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