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(영문) 울산지방법원 2014.04.25 2013노1127
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Although the Defendant did not interfere with the performance of official duties by police officers D, the police officers attempted to arrest the Defendant as an offender in the act of committing a crime, and thus, it cannot be deemed legitimate performance of official duties. In that process, the injury inflicted on the police officers by the Defendant was a legitimate act to escape from the current illegal arrest, which is an unlawful violation of body.

It is also caused by the damage of patrol vehicles in the process of leaving the body in order for the defendant to escape from the forced conduct, not the defendant's planned and intentional damage to public goods.

Therefore, the judgment of the court below which convicted all the charges against the defendant is erroneous in misconception of facts and misapprehension of legal principles.

Judgment

The Defendant asserted the same as the grounds for appeal in the lower court, and the lower court rejected the Defendant’s assertion and found the Defendant guilty of the facts charged, by explaining the Defendant’s argument and its judgment on the “judgment on the Defendant’s argument

The reasoning of the judgment below is that the police officer's arrest of the defendant is a legitimate act of performing public duties, and the witness of the court below is a witness of the police officer's front 11th floor apartment at night, although he stated that the police officer was a witness of the defendant's vehicle that was investigated in the court below, and that the police officer's arrest of the defendant was a legitimate act of arresting the defendant, and the witness of the court below was a witness of the defendant's vehicle that was investigated in the court below (verification of the defendant's black box). And the above part of the police officer's lower part is above the 11th floor apartment.

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