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(영문) 서울북부지방법원 2016.06.30 2016노497
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. At the time of the instant case, the Defendant did not spawn water buried in Masan on the floor of the office, and there was a dispute with D during the process of confirming the process of the instant case reported by the Defendant. However, the degree was weak and the Defendant did not interfere with the police officer’s duties.

B. Although the Defendant had been well aware of the fact that he was not drinking at all at the time of the instant case, D was arrested the Defendant in the act of committing a crime under suspicion of “an act of disturbance in the official seal” under Article 3(3)1 of the Punishment of Minor Offenses Act, which constitutes an illegal arrest.

In addition, I did not notify the defendant at the time that he could request the arrest trial, and he arrested the defendant in unknown way even though he could have known his residence and status.

Although F, who was handed over the instant case, referred the case to the trial, and transferred the Defendant to the order of living, the F had committed an illegal act of entering into a criminal trial and investigating and releasing the Defendant.

F, even though the defendant was charged and investigated, the F voluntarily referred the defendant to the trial without deliberation of the minor crime review committee.

2. Judgment on the grounds for appeal

A. According to the evidence duly admitted and examined by the court below as to the defendant 1-A's argument, it is acknowledged that the defendant's act was obstructed by police officers performing official duties, such as the date and time stated in the criminal facts in the judgment below, and the place where the criminal facts were stated in the judgment below. In addition, Article 3 (2) 3 of the Punishment of Minor Offenses Act provides that "any person who interferes with another person, organization, or person performing official duties due to an unforeseen accident, etc." shall be punished, and the above crime is established when the defendant interferes with duties due to an unforeseen accident, etc.

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