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(영문) 서울남부지방법원 2015.07.10 2014노1803
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In a case where a police officer did not cause harm to another person as a simple leader who did not cause a disturbance for principal cancellation before the police officer shoulders himself, the defendant's use of physical power, such as the string of strings around her breath in the state of drinking, is not an assault or intimidation, but an assault or intimidation, and the defendant did not have awareness of the fact that he assault or intimidation against a public official performing his duties.

Therefore, the defendant is not subject to obstruction of performance of official duties.

B. As it is difficult to view that there is an urgent circumstance for a police officer to immediately arrest a defendant at the scene, arresting a police officer cannot be deemed legitimate performance of official duties. Thus, the use of violence in the process of resisting the defendant’s attempt to escape from arrest constitutes legitimate self-defense as it is for the purpose of escaping from the current infringement of body due to illegal arrest.

In light of the fact that the Defendant was aware that the police officer, etc. was a person causing harm to himself/herself, and he/she expressed his/her name at the level of self-defense, this constitutes an erroneous defense. However, at the time, the Defendant was under the influence of alcohol and did not properly grasp the other party’s identity while he/she was broken by others, and it was difficult for him/her at the night, and thus, the illegality is dismissed.

2. Determination on the grounds for appeal

A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendant was found to have been locked by putting off and locked down on the vehicle constructed on the roadway, and the damaged police officer.

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