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(영문) 서울남부지방법원 2020.05.28 2020노162

공무집행방해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The lower court found that the crime of obstruction of performance of official duties was established without spiting or spiting the police officer G with the Defendant. 2) The Defendant, under the influence of alcohol, committed a crime in a state of mental disorder.

3) The sentence of the lower court (eight months of imprisonment) is too unreasonable. B. The sentence of the lower court by the Prosecutor (eight months of imprisonment) is too uneased and unreasonable.

2. Determination

A. The following circumstances revealed from the evidence duly adopted and examined by the court below in determining the defendant's assertion of mistake of facts. ① The police officer stated in the court below that "F intentionally spited the defendant's face close to the landscape, spits, spits, spits, spits off the right side, spits, spits, and boms off by hand, and booms the police officer G with spits." ② The police officer G expressed the desire at the court below as follows: "I am close to the face upon the defendant's request for identification card, we see that "I ambs, we amsphersp, we amsphersp, and sphersphersp, we see that the defendant intentionally sphered the defendant's face to a close extent to contact with the face," but the defendant interfered with the execution of G's official duties by taking full account of all the evidence presented by him.

Ultimately, the defendant's above assertion is without merit.

B. According to the records of the judgment on the defendant's mental suffering and injury, the defendant is found to have been in a state of drinking at the time of committing the crime, but there was no ability to discern things or make decisions.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

C. The crime of interference with business on the argument of unfair sentencing by the defendant and prosecutor