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(영문) 춘천지방법원 2014.12.17 2014노176
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A(1) did not have been the head of the victim M with beerer disease at the time of misunderstanding the facts, and there was no time and place contact of the crime at the time when the Defendant A was arrested, and there was no concern for Defendant A to escape or destroy evidence. Since the police officer illegally used the test for Defendant A, the arrest of the flagrant offender against Defendant A did not meet the requirements for arrest.

In addition, the police officers did not confirm the defendant A's custody warrant and arrest letter of flagrant offender before entering the detention room. The defendant A did not notify the National Human Rights Commission of his/her right to file a petition, and the defendant A did not undergo a physical examination at the medical examination room of the detention room, as stated in the physical confirmation (Evidence No. 7).

Therefore, since the procedures for arresting police officers and entering a detention room are illegal official duties, the crime of obstruction of performance of official duties is not established against Defendant A.

Meanwhile, Defendant A’s act of assaulting police officers in the course of refusing to enter the detention room of the police station constitutes self-defense to escape from illegal arrest of flagrant offenders.

3) The sentence of the lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable. 4) The consent of each police statement of M, N, P, and I agreed to be admitted as evidence by the lower court is withdrawn, and each injury to the victim M, I, N,O, C, and P does not constitute an injury under the Criminal Act, and constitutes domestic violence.

Even if the victims expressed their intention not to punish the victims, the appellate court should dismiss the prosecution.

B. Defendant B (Definite) merely told Defendant A while under the influence of alcohol at the time, and did not interfere with police officers’ performance of official duties.

2. Determination

A. The court below's determination of facts as to Defendant A's assertion

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