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(영문) 광주지방법원 2014.11.06 2014노866

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit any assault, such as cutting a police officer E’s arms.

B. The sentence of the lower court (one year of suspended execution for four months of imprisonment, one year of community service, 40 hours of imprisonment) is too unreasonable.

2. The lower court found the Defendant’s assaulted, on the basis of the macroscopic evidence, on the ground of the assertion of mistake of facts.

Examining the evidence duly adopted and examined by the court below in light of the records, the court below's fact-finding and judgment as above are just and acceptable, and there is no error of law of misunderstanding of facts as alleged in the grounds for appeal by the defendant.

특히 동영상CD에 대한 당심에서의 증거조사 결과에 의하면, 피고인은 순찰차 운전석 뒷좌석 문 앞에 서서 피고인을 제지하는 E의 오른팔을 왼손으로 잡아챈 사실이 인정(20131101.exe 파일의 2013-11-01 22:15:48경)되므로, 원심의 위와 같은 사실인정과 판단은 정당하다.

Therefore, the defendant's above assertion is without merit.

3. The degree of violence on the assertion of unfair sentencing is not limited, the defendant's 10-year suspended sentence or more is favorable, or the defendant seems to have not acknowledged his mistake even until the trial is the case. The crime of obstruction of performance of official duties is an offense impeding the exercise of public authority and thus is highly likely to be subject to criticism. In particular, the defendant tried to search the suspect who is not related to him/her at the police station and escort him/her to the police station by carrying him/her at the patrol, and tried to go on his/her own police station, and to go on the patrol, such as the situation before and after the crime of this case, such as bad weather, age, character, character, environment, and environment of the defendant, and the situation before and after the crime of this case, such as where the police officer kept a patrol window and did not put him/her at the patrol.