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(영문) 서울중앙지방법원 2019.05.10 2018노3583
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding misunderstanding of facts (Partial misunderstanding of legal principles) 1) 2018 Godan325 case (Crime of Violence), the victim merely explained the situation of the police officer in a conversation with the victim in relation to the 2018 Godan3721 case (Crime of Interference with Performance of Official Duties as of March 6, 2018) and there was no fact that the victim saw the Defendant’s abstin and franced the franc, or spreaded franchis in the franced World Cup, and there was no fact that the Defendant saw the Defendant as stated in this part of the facts charged or embling the fat.

3) Regarding the violation of the Punishment of Minor Offenses Act, cases 2018 Godan3778 and ① conversation was divided without any interest in responding to the illegal police officers, and there was no speech and behavior conducted by the police station. ② In relation to the obstruction of business, the employer provided explanation of past activities and did not exercise force, and ③ even if there was a partial physical contact with the police officer, it constitutes legitimate self-defense or legitimate act as an act that occurred in the course of resisting the illegal arrest by the police officer, even if there was no assaulting the police officer with regard to the obstruction of business performance as of June 4, 2018. However, the lower court’s judgment convicting the entire charges of this case was erroneous and adversely affected the conclusion of the judgment.

2. Determination

A. The defendant alleged that each of the above facts is identical to the mistake of facts in the original court, and the court below held that all of the charges of this case is proven beyond reasonable doubt when based on each of the evidence recorded in the summary column of the evidence in the judgment. In light of the evidence duly adopted and examined by the original court and the trial court.

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