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(영문) 청주지방법원 2015.02.06 2014노1213

살인예비등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s mistake of facts or misapprehension of legal principles on indecent act, the Defendant reported the victim’s face at the time and place indicated in this part of the facts charged, on the ground that there was no intention to commit indecent act at the time, and the content of the crime is not memory in detail.

B) As to the obstruction of performance of official duties, the Defendant did not recognize that the police officer G was a police officer who performed official duties at the time of the instant case, and thus, did not recognize the Defendant’s intention of obstructing performance of official duties. In addition, the police officer attempted to arrest the Defendant on the ground floor by improper means, such as leaving the Defendant, and the arrest act of the police officer G cannot be deemed a lawful performance of official duties due to lack of reasonableness, and thus, the Defendant’s act of avoiding this cannot be deemed a crime of obstructing performance of official duties. (C) As to the violation of the Punishment of Violence, etc. Act (a deadly weapons, etc., upon entering the victim’s residence, the Defendant continued to contact with the victim at the time of entering the victim’s residence and entered the house living together with the victim, and therefore, there was no natural entry into the victim’s residence, and thus, there was no purpose of committing murder or fire-prevention against the Defendant with regard to the murder preliminary and the pre-existing structure and fire-prevention. (d) At the time of the instant crime of mental and physical disability.

3) The lower court’s sentence on the assertion of unfair sentencing (one year and six months of imprisonment, 80 hours of order to complete sexual assault treatment programs, and confiscation are too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. On the part of the defendant's assertion of mistake or misapprehension of legal principles, the crime of indecent act by compulsion has been committed after the other party's assault or intimidation makes it difficult to resist.