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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On October 13, 2015, at around 18:41 on October 13, 2015, the Defendant: (a) received a 112 report from the Defendant, who was in possession of a knife and avoided disturbance; and (b) subsequently, the Defendant took protective measures against the Defendant, by police officers holding that it is necessary to take protective measures against the Defendant.
On October 13, 2015, at the above G District Office around 19:08, the Defendant: (a) expressed a question about personal information from the victim’s police official who belongs to the police station belonging to the above G District; (b) expressed the victim’s desire to “I” in the process where the victim’s police officer and I, who is an employee of a hospital operated by the Defendant, “I am son, bitch son, swine son, fright son,” and continued to commit assaulting the victim on several occasions with his head and chest part of the protective measure, and as part of the protective measure, assaulted the victim, “I am son, son, son, and all of them are hicked, and I am son, and I am am yeast,” and “I am son, who is a staff member of a hospital operated by the Defendant, shall threaten the victim.”
Accordingly, the defendant interfered with legitimate execution of duties concerning protective measures by police officials, and openly insultd the victim.
2. Determination
A. 1) The protective measures against the victim who is under the influence of alcohol as provided by Article 4(1)1 of the Act on the Performance of Duties by Police Officers (hereinafter “instant provision”) may cause harm to his/her or another person’s life, body, and property, constitutes an administrative immediate enforcement by a police officer, so that the measure can be exercised only within the minimum extent that it is inevitable and strict interpretation of the requirements for exercise.
Therefore, the term “intoxicated condition” in the instant provision refers to the degree of loss of normal judgment or mental capacity by a person under relief due to drinking, and pursuant to the instant provision.