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(영문) 부산지방법원 2013.08.30 2013노1509
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant, a police officer, expressed the victim’s desire to escape from this point by exercising his/her authority to control himself/herself. This constitutes self-defense as a resistance against illegal arrest.

In addition, even if the defendant committed the offense of insult, it is not a legitimate execution of official duties to arrest the criminal in the act of insult for the reason of minor offense.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and erroneous.

2. The judgment of the court below is based on the following evidence: ① the defendant, under the influence of alcohol at a main point, she was sexually fluored with the defendant's sexual intercourse with the next citizen; ② the victim, a police officer who was dispatched after receiving a report of 112, demanded the victim to leave the main place of the defendant; ② the defendant, within the main place of the victim, demanded the victim to leave the defendant; ② the victim's visit the main place of the defendant, "I am only, I am, I am am, I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I. And ③ The defendant was arrested as a flagrant offender in the crime of insulting the defendant; ③ The victim arrested the defendant; and the defendant's act of insulting the defendant is not justified in the judgment of the court below to recognize the defendant's unlawful arrest of the victim; and thus, the defendant's allegation of this case is not justified.

In addition, the offense of insult is not an offense but a minor case that cannot be arrested even in the act of committing an offense under Article 214 of the Criminal Procedure Act.

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