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(영문) 서울중앙지방법원 2014.11.13 2014노3535

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not know that he was a police officer, but did not know that he was a police officer when he was drinking or she was dead, etc., and the other party did not know that he was a police officer in a drunken state.

B. The sentence of a fine of one million won imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The court below duly adopted and examined the assertion of mistake of facts as follows. ① The defendant tried to pay a taxi fee by using several cards for a considerable period of time after the arrival of the police officer and recommending the payment of a taxi fee to pay the taxi fee in cash, and again again, again, he was made in the taxi while repeating the card several times, and again again again, he was made in the taxi, but he did so while opening a door and making it known that he was able to get his body from the taxi in the car book in the car book book book book," and made a statement specifically at the time of this case. The defendant did not seem to have been under the influence of alcohol to the extent that the other party could not be aware that he was a police officer in uniform. ② The defendant attempted to pay a taxi fee by using several cards for a considerable period of time after he was recommended to pay the taxi fee in cash (the cash was held at the time) and the defendant did not have any defect in this part of this case by taking account of the defendant's act of assaulting the police officer, and thus, he did not have any reason to do so.

B. In full view of the circumstances leading up to and details of the crime of determining unfair sentencing and all the conditions of sentencing specified in the records and pleadings, including the circumstances after the crime, the circumstances favorable to the defendant.