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(영문) 대구지방법원 2014.02.14 2013고정2646
공무집행방해등
Text

The defendant shall be innocent.

Reasons

1. On August 6, 2013, at around 18:15, the Defendant: (a) committed an assault at the D cafeteria located in Daegu Northern-gu, Daegu Northern-gu, by drinking alcohol; (b) F (48) under the circumstances leading to the E zone called the E zone, sent to the Defendant upon receiving a report from the restaurant operator; and (c) assaulted the Defendant at one time as a drinking to run the said F’s right direction to the right direction.

In addition, at around 18:25 of the same day, the Defendant: (a) took a bath to the rear seat of the patrol vehicle in the front seat of the patrol vehicle, and (b) took a bath to the “abbbbb from which she would see she would do so; (c) received a check from a slope G (51 years old) belonging to the E Zone from the E Zone; (d) took the face of the G from the head to the victim; and (e) took a part of the face of the said patrol vehicle one time, and (e) took part in the light salt and the inner seat of the said patrol vehicle, which requires approximately two weeks medical treatment.

At around 18:30 on the same day, the Defendant continued to set up a flab by the police officers around 18:30 on the same day, who had been waiting to move from the Defendant’s married, the Daegu Northern Police Station Edistrict located in Daegu Northern-gu, Daegu Northern Police Station, where he was waiting to move from the Defendant’s married, such as “Wook kb kb kb kb kb kb kb king equally.”

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning crime prevention and reporting, and at the same time injured the victim G.

2. Since protective measures against a victim who is under influence of alcohol under Article 4(1)1 of the Act on the Performance of Duties by Police Officers, which might inflict harm on his/her or another person's life, body, and property, fall under administrative enforcement immediately by the police, the requirements for exercising the exercise shall be carefully and strictly interpreted so that such measures can be exercised only to

(see, e.g., Supreme Court Decision 2007Do9794, Nov. 13, 2008). Therefore, the term “intoxicated condition” provided for in the said provision is under the influence of a victim.

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