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(영문) 부산지방법원 2015.02.12 2014노4545

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. Although the Defendant did not interfere with the performance of official duties by police officers within the D District Office as stated in the facts charged, the judgment of the court below which found the Defendant guilty of the facts charged in this case was erroneous and adversely affected the conclusion of the judgment.

B. Even if there is no unreasonable sentencing, the lower court’s sentencing (fine of three million won) is too unreasonable.

Judgment

A. The following circumstances, which can be acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, i.e., police officers F, who were working within the D District, were consistently from the investigation agency to the court of the court below, and the defendant was found in the D District, such as Singing and singing room business owner, and the police officers were allowed to receive taxi expenses from the police officers on the ground that he refused it, and the defendant made a statement of assault, such as spiting, spiting, etc. on the floor. ② According to the photographs taken by the D District Police Officer K at the time of the instant case, according to the evidence taken by the defendant, the defendant was taken on the face of the victim's disease while the police officers boomed it, which corresponds to the above F's statement, it can be sufficiently recognized that the defendant interfered with the performance of official duties by the police officers working in the D District, as recorded in the facts charged.

Therefore, the defendant's assertion of mistake is without merit.

B. Although the extent of the assault and intimidation in this case’s claim on the grounds of unfair sentencing is relatively not more severe, etc., the crime of this case is committed in favor of the defendant. However, the crime of this case is committed in a district in which police officers are working, and the nature of the crime is not good because it prevents police officers from performing their official duties, such as spiting, etc., and it appears that the defendant is not against the law, even though it appears that the crime is not against the law.