(영문) 인천지방법원 2018.04.11 2017노4759 | 리걸엔진

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자간(%)

(영문) 인천지방법원 2018.04.11 2017노4759

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The arrest of the defendant against the misunderstanding of the facts or legal principles was illegal because he did not meet the requirements for the arrest of the flagrant offender, and the defendant committed an assault against the police officer in the course of resistance to the illegal arrest. Thus, this constitutes a legitimate defense and thus the illegality is dismissed.

B. The sentence sentenced by the lower court to the Defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the lower court and the first instance court on the part of the assertion of misunderstanding the facts or misapprehension of the legal doctrine, the following facts are recognized.

① The Defendant and B attached two other customers at the main points indicated in the instant facts charged. The Defendant and B sent to the instant site upon receiving a report around 03:04:45, around 1, 2017, around 112, on the following:

② At the time H and I arrive at the site, the Defendant and B kept the tables, and had been in a trial with the other party. On the other hand, the Defendant and B, immediately after H and I shared with the other party, the Defendant had committed an act that the Defendant, as his hand, did not want to go to the other party by gathering the small-scale soldiers on the tables.

③ H and I had a concern that the Defendant was suffering from a sentry’s disease, and prevented the Defendant from selling his arms, and the Defendant “I will go through once.”

“Along with H and I’s body, H and I was pushed into arms and body, and as a result, H’s left elbel and left knee, knebb, facing H’s kneb.

④ Accordingly, H and I had a strong resistance against the Defendant to arrest the Defendant in the act of committing an offense under the suspicion of interfering with the performance of official duties, but the Defendant strongly resisted, and B interfered with the arrest of the Defendant in the act of committing an offense, such as cutting the Defendant’s shoulder part of H by hand, and putting the Defendant’s head debt by hand. Ultimately, H and I used the test, and subsequently, the Defendant and B were under pressured.

(5) The defendant was under significant influence of alcohol at the time (the defendant was a defendant).

유사 판례

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