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(영문) 수원지방법원 2014.05.29 2013노4377
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

The defendant of mistake of facts was punished by police officers, but the police officers did not assault the police officers, and the police officers, who cited the Kamer, caused the Kamer, did not harm the defendant.

Even if the defendant committed the act of assault and damage, since police officers searched without the consent of the defendant, the act of execution of duties by police officers is illegal and resistanceed by the defendant's act constitutes self-defense or legitimate act.

Nevertheless, the judgment of the court below which found the defendant guilty on the premise that the defendant impliedly consented to search is erroneous by misapprehending the legal principles or by misunderstanding facts and affecting the conclusion of the judgment

The lower court’s sentence of unfair sentencing (six months of imprisonment) is unreasonable.

Judgment

As to the misapprehension of legal principles and mistake of facts, the defendant and his defense counsel asserted that the search of this case was illegal performance of official duties at the court below, and the court below rejected the above assertion on the following grounds.

In light of the fact that police officers F and G explained that they are police officers and their wife, and received a report to provide drinking and drinking in the instant singing room, cooperation was demanded in the investigation, and the witness of the court below: (a) search of the instant singing room; and (b) the witness of the court below stated that “When a police officer leads to a mistake, the Defendant was present at a camera; and (c) the Defendant’s wife was sent back to the warehouse; (d) the police officer went to the warehouse; and (e) the Defendant immediately consented to the police officer’s search.”

Afterward, the defendant gives consent to the above search by calling for a search without a warrant.

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