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(영문) 대전지방법원 2016.11.02 2016노1146

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding and misunderstanding of legal principles that the defendant was placed on the victim's taxi Bows cannot be deemed to have damaged the above taxi.

In addition, the defendant, under the influence of alcohol at the time, resisted to the arrest of police officers, and he was faced with his hand on the part of the police officer, and there was no intention to interfere with the execution of official duties.

Furthermore, since the police officer's arrest of the defendant as a flagrant offender could not be considered as a flagrant offender at the time of arrest, the police officer's act of arresting the defendant as a flagrant offender

Nevertheless, the lower court found the Defendant guilty on the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine and mistake of mistake.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, ① the victim stated at the investigative agency that the defendant was out of the studs and the strings of the strings and the strings of the strings of the strings and the strings of the strings (the 18th page of the investigation record), ② the victim’s strings and strings of the strings of the strings of the 23-24 pages of the strings of the strings (the 23-24 pages of the investigation record). ③ Even the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the victim.