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(영문) 인천지방법원 2019.01.09 2018노424
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) A public official who crackdowns on the part of obstruction of performance of official duties was resisted by the Defendant to have his house straw at the time when he saw the Defendant and embling violence, and there is no fact that he saw the house string and mathing the house string, which was used by breaking the d's flabbbbage, as indicated in this part of the facts charged. On the other hand, the crackdown public official did not wear the official identification at the time of the instant case, did not follow the guidance and notification necessary for performing his official duties, and did not reveal the fact that he was a public official, and the Defendant was a public official. In addition, C et al. did not know that he was a public official of the fact that he was a public official. Such crackdown public official’s act constitutes an unlawful performance of official duties. Accordingly, the judgment of the court below convicting this part of the facts charged and affected the conclusion of the judgment by misapprehending the legal principles.

As such, the defendant cannot be punished for such crime.

Therefore, the judgment of the court below convicting this part of the facts charged is erroneous by misapprehending the legal principles or affecting the conclusion of the judgment.

B. Since the lower court committed an unlawful act such as the illegal detention, procedural illegality, and in the process of hearing, the unfairness in the process of hearing, and the preparation of a fake judgment, the lower court erred by misapprehending the laws related to criminal procedure, thereby affecting the conclusion of the judgment.

C. The sentence imposed by the court below on the defendant (two years of suspended execution in October and one million won of fine) is too unreasonable.

2. Determination

A. Part 1 of the judgment of misunderstanding of facts or misunderstanding of legal principles is the obstruction of performance of official duties.

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