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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2013.07.11 2013노1164
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual errors or misapprehension of the legal principle) was not a assault against D, the Defendant was called out by police officers even though the Defendant did not assault D, who was the spouse. While the Defendant confirmed the status of police officers, the police officers attempted to illegally arrest the Defendant without any particular reason and set up against it. While the Defendant’s act was for the purpose of escaping from the illegal arrest of the police officers, it constitutes self-defense, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby convicting

2. Review of the evidence duly admitted and examined by the lower court reveals the following facts.

① On September 20, 2012, the Defendant assaulted D, a spouse, over the issue of disposing of a old household, around 08:40.

② As D reported the above assault to the police, F and G were sent to the scene by police officers F and G. At the time, the police officers entered the police uniform at the time.

③ When the police officers were different in front of the Defendant’s office, the above D was able to sit and sit outside the front door of the closed door, and the police officers demanded the Defendant to open the front door and respond to the investigation of the assault case reported by D.

④ 그런데 피고인은 이불을 갠다는 등의 이유로 문을 열지 않고 있다가 약 10분이 지나서야 문을 연 다음 경찰관들에게 신분증의 제시를 요구하였다.

⑤ The Defendant followed the police officer’s identification card received from the above police officer, and saved it. The F Nexponher of the police officer F, who attempted to restrain it, was shaking the part of the police officer F, and subsequently, the Defendant used the above G’s chest to tightly cut down and assault the F’s right hand hand hand hand hand over to restrain it again.

According to the above facts, the defendant's act of assaulting police officers as above is an act that interferes with the legitimate execution of official duties of police officers dispatched after receiving a report.

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