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(영문) 서울중앙지방법원 2015.01.20 2014노4156

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding the mistake of facts and obstruction of business by misunderstanding of legal principles, the Defendant only made a little elevation while drinking at the time of the instant case, and there was no disturbance or interference with business in the main point as stated in the judgment of the court below.

With regard to the obstruction of performance of official duties, the police officer arrested the defendant as an offender in the act of committing a crime without notifying the principle of bitrariness. The exercise of certain power is self-defense.

In addition, the police officer faces with the snow of the police officer, extending outside his/her hands to the bath of the police officer within the patrol vehicle, and there is no assault against the police officer as stated in the judgment of the court below.

B. At the time of the instant case, the Defendant was in a mental and physical state by drinking out not less than 4 soldiers.

C. The sentence of a fine of KRW 2.5 million imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts and misapprehension of legal principles, it is recognized that the defendant obstructed the victim E's main business by force as shown in paragraph (1) of the judgment below, the procedure provided in Article 200-5 of the Criminal Procedure Act was implemented at the time the defendant is arrested as an flagrant offender, and the defendant committed an assault against a police officer on duty, such as when he was h's snow like paragraph (2) of the judgment below. Thus, this part of the

B. It is recognized that the defendant was in a state of drinking alcohol at the time of committing the instant crime. However, in light of the defendant's speech and behavior at the time of committing the crime acknowledged by the evidence duly adopted and investigated by the court below, it is not recognized that the defendant was in a state of lacking or weak ability to discern things and make decisions. Therefore, this part of the defendant's assertion is without merit.

C. The background and content of the crime of determining unfair sentencing, and after the crime.