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(영문) 대전지방법원 2020.06.11 2019노1330
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)

A. The Defendant did not assault the police officer at the time of the instant case, and even if the Defendant’s act was assessed as a assault, it is merely passive resistance to the illegal arrest of the police officer, and thus constitutes self-defense or legitimate act.

(M) Fact-finding and misunderstanding of legal principles).

Even if the defendant's act is found guilty, the sentencing of the court below (two years of suspended sentence in October, probation, and community service order of 120 hours) is too unreasonable.

(F) Determination; 2. Determination

A. In full view of the following additional circumstances acknowledged by the court below and the court below’s duly adopted and investigated on the grounds of misconception of facts and misapprehension of legal principles, it can be recognized that the Defendant interfered with legitimate execution of duties by assaulting E, a police officer, as stated in the facts constituting a crime in the court below’s decision, and the Defendant’s act constitutes self-defense or legitimate act as a resistance against illegal arrest.

Therefore, the defendant's assertion is not accepted.

1. Article 2 subparagraph 2 of the Act on the Performance of Duties by Police Officers provides for prevention, suppression, and investigation of crimes as one of the duties of police officers, and Article 6 of the same Act provides that if a police officer deems that a criminal act is about to be committed in front of the police officer, he/she shall give necessary warning to the person concerned to prevent such act, and if the act is likely to inflict harm on human life and body or cause serious damage to property, he/she may restrain such act.

At the time of the instant case, E and G, a police officer, received 112 reports to the effect that they sell alcoholic beverages in singing rooms operated by the Defendant, and called out. When the police officers called out, the Defendant corrected the singing door, and then the Defendant was lower in singing rooms.

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