(영문) 서울중앙지방법원 2015.10.16 2015노1680

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.10.16 2015노1680

공무집행방해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Although Defendant (1) cannot be deemed to have destroyed evidence or had concerns over escape, the police officers immediately arrested Defendant as a flagrant offender, such as obstruction of performance of official duties, even though there was no possibility of misunderstanding of facts or misunderstanding of legal principles, and the above arrest was made in a state without necessity of arrest, and thus, it cannot

In addition, the Defendant’s act is merely a cross-defense against the police officer who seeks to illegally arrest the Defendant, and there is no fact of assaulting the police officer as stated in the facts charged. Even if not, the Defendant’s act constitutes self-defense to escape from the present unfair infringement, and thus, the illegality is dismissed.

Nevertheless, the judgment of the court below which found the Defendant guilty on a different premise is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

(2) The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of a fine) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. (1) As to the determination of mistake of facts and misapprehension of legal principles regarding the defendant's assertion that the crime is committed as a flagrant offender, Article 211 of the Criminal Procedure Act refers to cases where it is evident from the standpoint of the person who arrests him that he is an offender immediately after the commission of the crime. "after the commission of the crime," and "after the commission of the crime," it is interpreted that "after the commission of the crime," and "after the commission of the crime, after the commission of the crime," it refers to the last and last stage of the crime, or the time close to the crime. Therefore, if it is recognized that there is clear evidence of the crime that the person who is arrested in time and place is the criminal who has committed the crime, the arrest may be deemed a flagrant offender. In order to arrest

참조조문

-형사소송법 제211조

유사 판례

-수원지방법원 2015.04.03 2014노1741

-부산지방법원 2020.02.06 2019노1676

-부산지방법원 2015.03.27 2015노166

-수원지방법원 2014.03.20 2013고정2818

-대전지방법원 2020.09.10 2019노2345