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(영문) 서울동부지방법원 2017.06.23 2016노1948
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the legal principle) does not meet the requirements because it is difficult to recognize the time, location contact, and necessity of the arrest of the flagrant offender.

Therefore, even if the Defendant’s act committed in the course of resisting illegal arrest was dismissed as a justifiable act, the lower court erred by misapprehending the legal doctrine, thereby finding the Defendant guilty.

2. As to the grounds for appeal, the Defendant asserted the same purport in the lower court, and the lower court, based on the evidence duly admitted and examined, comprehensively taking account of the circumstances in its reasoning, it cannot be deemed that the arrest of the Defendant as the current criminal by the police officer is considerably unreasonable in light of the situation at the time of arrest, and therefore, the Defendant’s resistance to this does not constitute a justifiable act.

The decision was determined.

In a thorough examination of the above evidence, the above judgment of the court below is just, and there are errors as alleged by the defendant.

As such, the defendant's above assertion cannot be accepted.

3. Determination ex officio on sentencing

A. The appellate court may ex officio render an adjudication on the grounds that affect the judgment, even if the grounds for appeal are not included in the statement of reasons for appeal. Therefore, in a case where the defendant appealed on the sole ground of mistake of facts or mistake of legal principles, the appellate court may ex officio render an improper judgment on the sentencing (see, e.g., Supreme Court Decision 90Do1021, Sept. 11, 1990). B.

The crime of this case was committed by the defendant at the expense of parking and was arrested as a current offender, and the use of violence to police officers is not good, and the nature of the crime is disadvantageous to the defendant.

(b) however,

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