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(영문) 수원지방법원 2016.06.23 2015노7105
공무집행방해등
Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, the police officer called D was assaulted by the Defendant even though the Defendant was the victim of assault by D’s driving.

The police officers did not know that they believe that they were D's horses only and arrest the defendant, and they did not commit any act interfering with the execution of official duties twice against the defendant, and the defendant did not commit any act interfering with the execution of official duties.

In addition, the defendant's act is to oppose illegal arrest, and it is not illegal as it constitutes a legitimate defense or a legitimate act.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. The lower court stated that the following circumstances acknowledged by the evidence duly adopted and investigated on the assertion of factual misunderstanding, namely, ① the police officer F, who was dispatched at the time of the instant case, sent drinking water to the police officer G’s uniforms by the police officer, which the Defendant used for drinking so that the Defendant was able to return home to the Defendant, and the police officer urged the Defendant to return home continuously, and the Defendant was arrested on the part of the police officer as a crime obstructing the performance of official duties by making two times his head’s own hand at the police officer’s own hand, and ② the Defendant was present at the investigative agency to the police officer and used violence against the police officer by making the police officer know of himself.

In light of the facts stated in the facts charged in this case, the Defendant, as stated in the instant facts charged, sold drinking water to police officers G on the ground that police officers are able to stay home on the ground that police officers were able to stay home on the ground that police officers were able to take a bath from police officers F, and assaulted twice on the floor of their head on the hand, and otherwise, police officers were the Defendant.

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