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(영문) 전주지방법원 2017.12.08 2017노887
공무집행방해
Text

The judgment of the court below is reversed.

The accused shall announce the summary of the judgment of innocence.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of the legal doctrine, the Defendant did not interfere with the Defendant’s attempt to assault E, since police officers G and H received 112 reports, there was no fact that the Defendant attempted to assault E.

The Defendant was merely a defect that he tried to avoid a job while having been in a dispute with G on the ground that he made a rebuttal to G at the time, and was fluoring G’s chest while having been in a dispute with G, and did not agree with G’s platform.

Therefore, since the defendant's act of threatening's chest was committed while having a dispute with G, it is not directly related to the 112 reporting processing affairs, it cannot be deemed that G was committed in the course of performing official duties, and even if the situation was where G performed official duties, it cannot be deemed that the chest was committed to the extent that it interfered with the execution of G's duties to the extent that it was committed once.

In addition, there is a need for arrest such as the defendant's concern about escape or destruction of evidence.

보기 어려우므로, G이 피고인을 체포한 것은 현행범 체포의 요건에 해당하지 아니하므로 위법한 체 포라 할 것이고, 설령 피고인이 그 과정에서 G의 정강이를 찼다고

Even though this constitutes a legitimate defense that occurred in the process of avoiding illegal arrest, the court below found guilty of the facts charged of this case, which affected the conclusion of the judgment due to mistake of facts and misunderstanding of legal principles.

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment, two years of suspended sentence, two years of community service, 240 hours) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. On October 13, 2016, around 09:55 on October 13, 2016, the Defendant was punished for a dispute due to E and parking problems at the 105-dong underground parking lot of 105 Yancheon-gu Seoul Special Metropolitan City. On the other hand, the Defendant prevented the Defendant, who was dispatched after receiving 112 a report, to whom the slope of the F Police Station of the Seoul Special Metropolitan City Police Station, would have been subject to restraint.

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