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(영문) 대구지방법원 2016.10.20 2014노4713
경범죄처벌법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not constitute the same act as stated in the facts constituting an offense in the judgment below, and even if the Defendant’s act constitutes a justifiable act as a claim against the exercise of public authority, the court below erred by misapprehending the facts charged in this case and thereby adversely affecting the conclusion of the judgment.

2. On October 20, 2013, from around 02:30 to around 03:40 the same day, the Defendant was under investigation by the police box in Daegu-gu, the Defendant: (a) while having been under investigation by the police box in the D Line in C of the same day, the Defendant was unable to avoid disturbance for about one hour and ten (10) minutes under the influence of alcohol, such as “I wish to get off the sleep, I wish to get off the sleep; and (b) I want to get off the sleep, I want to get off the sleep, I want to get off the sleep.”

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

3. Determination

A. The judgment of the court below is justified, since the defendant did not respond to the request of a police officer for returning home prior to the arrest of the case, and did an act of disturbance, such as humiliation freely inside and outside of the district, and the police officer's continuous act of disturbance was acknowledged even though he notified that he could have been arrested under the Punishment of Minor Offenses Act if the defendant committed an act of disturbance continuously. Thus, the defendant's assertion that the act of disturbance done within the government office prior to the arrest of the defendant constitutes a justifiable act as a defense against illegal arrest or illegal confinement is without merit. However, although the defendant's act of disturbance itself constitutes a legitimate act after the arrest of the case, the procedural problem after the arrest of the case does not affect the establishment of the crime of this case.

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