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(영문) 울산지방법원 2014.06.20 2013노1013
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

There is no misunderstanding of facts or misunderstanding of legal principles that the defendant has pushedly or threatened the police officer F's chest.

Even if the defendant spits or assaults the bath theory, the bath theory is merely merely a mere insult and thus cannot be deemed a intimidation against F. Since F's arrest of flagrant offender does not meet its requirements, it cannot be deemed a legitimate execution of official duties. Thus, the defendant's subsequent act of spiting drinking does not meet the elements of the crime of obstruction of performance of official duties.

In light of the overall circumstances of the instant case of unfair sentencing, the sentence imposed by the lower court on the Defendant (a fine of five million won) is too unreasonable.

According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts and misapprehension of legal principles, when E, who is the employee of the defendant's workplace, acquired another person's card and used it at his discretion, and the police officers F, etc. were dispatched to the site, the defendant obstructed police officers' hearing of statements by preventing police officers from hearing the victim's statement of the above card and continuing to stop their hair between the police officers and the victim. The defendant, as D zone, went back to the earth while trying to go back to the earth and forced the police officers to stop signing documents such as E's written confirmation, and forced to go back back to the earth, and cut back the gate by force. The police officers other than six to seven police officers in the earth zone at the time, and the defendant was arrested a flagrant offender outside of the entrance entrance, and the defendant may be found to have a chest with the above F, etc. during the process of arresting the police officers.

Based on the above facts, the defendant explains the following circumstances, namely, the background of the violation of the Specialized Credit Finance Business Act of Korea.

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