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(영문) 대구지방법원 2016.07.15 2015노946

공무집행방해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (five million won in penalty) is too unhued and unfair.

B. Defendant 1) The Defendant, on April 29, 2014, argued that he was a marine in the front of the Nranc shop in Daegu-gu M around 21:50, 2014.

O The police officers of the patrol vehicle were forced to go to the police station D district of the Daegu East-gu Police Station, and the body felbling was resisted with the slope F of the said D District while resisting such illegal performance of official duties, and there was no lebbbling with E, bringing a bath to E, thrown acid, bags, etc., or intentionally assaulted a slope F.

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

2) The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, the lower court’s determination of the Defendant was lawful in the performance of duties by police officers H who were assigned to the O patrol team, who committed an act of assault by the police officers and interfere with the legitimate performance of duties in the lawsuit, by assaulting DJF on the purpose of interfering with the performance of official duties, and can be sufficiently recognized that the Defendant interfered with the police officer’s legitimate performance of duties concerning the handling of the assault case and the maintenance of order in the lawsuit. Thus, the lower court erred

subsection (b) of this section.

Therefore, the defendant's assertion of facts is without merit.

1) The lower court’s witness H, as a police officer affiliated with the O patrol police officer, brought the Defendant and E into the D district in front of the N coffee shop, to the Defendant and E, was the witness of the lower court, “In the process of dealing with other reported cases within the 5-dong 5-dong, the Defendant, E, and the surrounding people agreed to set up and handle patrol cars while returning to the police.

In order to grasp the facts of the patrol vehicle from the patrol vehicle, the defendant tried to see and attach his motive while continuing the E-the-art test.