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(영문) 수원지방법원 2019.01.18 2018노5419
폭행등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and five months.

Of the facts charged in this case, May 13, 2018.

Reasons

1. The summary of the grounds for appeal is additionally stated in the written opinion submitted by the defendant along with the application for postponement of the trial date of October 26, 2018, and each written argument submitted on November 23, 2018, and December 21, 2018, which is submitted by the defendant on December 23, 2018. However, it is not a legitimate ground for appeal as a assertion after the deadline for filing the grounds for appeal.

1) The lower court’s judgment that found the Defendant guilty of this part of the facts charged is unreasonable on the following grounds of erroneous determination of facts and misapprehension of legal principles. (1) The Defendant’s act constitutes self-defense or legitimate act, and the Defendant’s act was committed first by the police officer, and the Defendant’s act did not interfere with the operation of the credit card company’s business until the police officer did not take a bath and did not take a view of the victim’s restaurant. (2) Since the Defendant’s act of interference with the operation was committed outside of the victim’s restaurant, the Defendant did not exercise a power of interference with business. (3) At the time of arrest of the crime of obstruction of the performance of official duties, the arrest procedure was unlawful, such as the police officer did not notify the Defendant of the principle that the Defendant was not disturbed at the time of arrest of the offender in the act of obstruction of the performance of official duties, and thus, the Defendant’s act constitutes self-defense or legitimate act. (2) The Defendant’s act did not interfere with the operation of the credit card company.

② The police officer’s act of damaging public goods constitutes legitimate self-defense or legitimate act as to unlawful exercise of public authority, inasmuch as the police officer’s act committed an unlawful arrest procedure, such as coercioning the Defendant by force, assaulting the Defendant, etc., and the Defendant’s resistance.

(3) The fraud of May 13, 2018.

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