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(영문) 서울중앙지방법원 2017.03.31 2016노5237

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, even if a postal item delivered to the Defendant’s residence (the addressee’s spouse is H) is a postal item sent to the Defendant’s residence, the victim’s body was contacted with the victim to verify, but there was no misunderstanding or assaulting the victim’s back.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

가. 사실 오인 주장에 대한 판단 원심이 적법하게 채택하여 조사한 증거에 의하여 인정되는 다음의 사실 또는 사정, 즉 피해자는 원심 법정 진술에서 ‘ 계단을 두 계단 정도 내려가던 중에 피고인이 뒤에서 피해자의 목 뒷덜미 셔츠를 잡아당겨 뒤로 넘어졌다’ 고 진술하고 있는데, 피해자의 상의 셔츠 단추가 강제로 떨어진 사실, 당시 촬영된 피해자의 목 부위가 빨갛게 긁힌 흔적이 있는 사실 및 피고인도 피해자가 넘어진 사실은 인정하면서 다만 피해자 혼자서 넘어졌다고

Although the victim made a statement, it was beyond the outside's act in light of the condition of the victim's air condition, the status of the part part of the wood, etc.

Considering that there is considerable reason to view that there was a physical contact with the victim in order to identify the place of mail delivery, the defendant can sufficiently recognize the fact that the defendant got the victim to go beyond the victim as stated in the judgment of the court below. Thus, the defendant's assertion of mistake in the facts is without merit.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In full view of the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and other various sentencing conditions as shown in the records and pleadings, the lower court’s punishment cannot be deemed unreasonable, even if the circumstances alleged by the Defendant on the grounds of appeal are considered.

Therefore, the defendant-appellant.