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(영문) 서울중앙지방법원 2016.06.23 2016노547
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not use violence, such as the description of the facts charged, against the police assigned for special guard C.

(2) The Defendant merely enters the road with a view to examining whether it was erroneous for the Defendant to organize the documents in front of the present official, and did not avoid any disturbance within the road, the police assigned for special guard C reconc with excessive response, and led the Defendant from the road to the outside of the road by suppressing the Defendant.

Therefore, C’s above act cannot be deemed a legitimate execution of official duties, and the Defendant’s act resisting against such unlawful execution of official duties is justifiable, and thus cannot be punished as a obstruction of performance of official duties.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. (1) According to the evidence duly adopted and examined by the lower court, the lower court is sufficiently recognized that the Defendant committed assaulting the Defendant by benefiting out of C’s external speculation and walking the bridge.

Therefore, this part of the defendant's argument cannot be accepted.

(2) Article 3 of the Civil Police Act provides that a police officer assigned for special guard shall perform duties under the Act on the Performance of Duties by Police Officers only within the guard area under the supervision of the police officer and the head of the competent police station. According to Article 2 of the Act on the Performance of Duties by Police Officers, a police officer’s duties include the prevention, suppression and investigation of crimes (Paragraph 2), guard, major personnel security, performance of counter-espionage counter-espionage operations (Paragraph 3), and other duties such as the maintenance of public peace and order (Paragraph 7). According to Article 6 of the same Act, a police officer is trying to conduct a criminal act in front.

When it is recognized, a warning necessary for the prevention thereof shall be issued to the persons concerned, and in cases of emergency in which such act is likely to inflict any bodily harm on the people's life or grave damage to property, such act may be prevented.

The court below is legitimate.

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