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(영문) 수원지방법원 2018.03.30 2017노5851

경범죄처벌법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant: (a) misunderstanding of fact was assaulted and was destroyed; (b) sent the police box to report the destruction; and (c) the police officer did not hear the Defendant’s report; and (d) obscing the Defendant as an indication of the port.

The defendant's act cannot be seen as an act of cancellation of the principal in the government office.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. 1) The lower court found the Defendant guilty of the instant facts charged on the ground that according to the evidence duly admitted and examined by the lower court, the Defendant could be found to have committed a disturbance, such as taking a bath within the police box, etc. under the influence of alcohol.

2) According to the evidence duly adopted and examined by the court below, the defendant visited a police box while drunk at the time specified in the facts charged of the instant case and was assaulted by E on the real estate.

The facts alleged by the police officers have been out of the defendant's station and police box, but the defendant did not accurately explain the location of the E real estate, and repeated remarks to the police officers "I am Ma. Ma. Ma. Ma. Ma. Ma." The defendant returned to the D police box, and thereafter, he could recognize that the police officers took an attitude that I want to sit down on the floor, get off the phone, get off the phone, or get off the phone, and let the police officers take a look at several times, such as "Chewing arm", "Chewing sing", etc. As such, according to the facts found in the above, it can be sufficiently recognized that the defendant committed an act of disturbance in the public office like the facts charged in this case, and even if the defendant visited the police box to report the initial assault, such circumstance alone is sufficient.