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(영문) 부산지방법원 2015.08.13 2015노1878

공무집행방해등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the obstruction of performance of official duties on or around March 19, 2015, Defendant 1 was aware of the fact that the Defendant was assaulted by police officers G at the time, and there was no assault by G. (2) As to the obstruction of performance of official duties on or around March 31, 2015, the Defendant was in a state of loss of or weak ability to distinguish objects and make decisions under the influence of alcohol at the time.

3) Even if not, the sentencing of the lower court (one year of imprisonment) is too unreasonable.

B. The above sentencing of the court below by the prosecutor is too uneasible and unfair.

2. Determination

A. The following circumstances can be acknowledged by the lower court’s determination of the Defendant’s assertion of mistake of facts that the lower court duly adopted and investigated: (i) G of the police officer who belongs to the Busan Geum District Police Station was made a statement consistent with this part of the facts charged; (ii) the background leading up to being dispatched after receiving a report 112; (iii) the witness’s statement at the time is consistent with G and other police officers’ statements; and (iv) the Defendant was abused from police officers on the same side as this part of the facts charged; (v) the Defendant violated the witness’s statement at the time of the Defendant’s assertion that there was no evidence to acknowledge that the Defendant was subject to the assault from the police officers; and (v) the Defendant led to confession in all these parts of the facts charged in the lower court; and (v) there was no other objective circumstance that the Defendant did not have any other reason to suspect voluntary admission; and (v) the lower court did not recognize this part of the facts charged.