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(영문) 창원지방법원 2016.06.23 2015노3055

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not have any abusive or assault a police officer, and even if a police officer took a bath or assault, he/she took a bath or assault.

Even if the police officer tried to arrest the defendant by force, it was against the illegal execution of duties. However, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts.

2. We examine the judgment of the court below. Each legal statement of the witness F and G of the court below, which corresponds to the facts charged of this case, coincide with each other, while the defendant stated that the police officer did not memory as to the circumstances where the police officer took a lock and whether the defendant assaulted the police officer at the time of the police investigation (Evidence No. 29 through 30 of the evidence record), etc., the judgment of the court below which found the defendant guilty of the facts charged of this case is just and without merit, and the defendant's assertion contrary to this is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.