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(영문) 수원지방법원 2019.02.01 2018노5389
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal 1) misunderstanding of facts and misunderstanding of legal principles were committed by police officers in order to raise against double arms and to oppose double arms, without justifiable grounds, and thus, the Defendant’s act constitutes self-defense or legitimate act as to illegal performance of official duties. Nevertheless, the lower court erred by misapprehending the facts or misapprehending the legal principles, thereby rendering a judgment of conviction against the Defendant. 2) The sentence of unfair sentencing (hereinafter “fine 4 million won”) of the lower court is too unreasonable.

2. The Defendant also asserted the same as the lower court’s assertion of mistake of facts and misapprehension of legal doctrine.

Comprehensively taking account of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by this court, the act of the Defendant as stated in the facts charged of the instant case does not constitute self-defense or legitimate act to defend himself from the unlawful performance of official duties.

The judgment of the court below is justified.

① According to the CCTV images and photographs of a parking lot in which the situation was taken at the time, the Defendant, first of all, brought the police officer C’s party platform into the string of the police.

② The Defendant was able to take a bath in a large sound, and the Defendant was able to take and stop the Defendant’s arms, such as defects in the act of disturbance, such as riding a police vehicle and a taxi, and police officers C and E used the Defendant’s arms.

Since the defendant was in a state of detention, it seems that the situation at the time of the case seems that the defendant was unable to accurately memory.

(77 pages of investigation records) In consideration of the Defendant’s desire and disturbance degree, police officers are legitimate execution of duties for the prevention, suppression and investigation of crimes if they take arms behind the Defendant such as the Defendant and take the police gear.

3. The lower court sentenced a fine of KRW 4 million in consideration of the Defendant’s unfavorable circumstances and favorable circumstances, etc.

This Court is a condition for sentencing.

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