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(영문) 서울북부지방법원 2017.12.22 2017노1231

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by mistakeing the fact, did not actually catch a police officer’s breath or assault a police officer.

Rather, police officers were assaulted by police officers.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted by the police officer’s statement on the assertion of mistake of facts, the statement of fire officers present at the scene, etc., including the statement of fire officers present at the time, and the evidence duly admitted as evidence, the fact that the defendant flicked and flicked the police officer’s b

The defendant was assaulted by a police officer

However, the police officer assaulted the defendant at the time of the arrest of the criminal in the act of crime.

There is no evidence to view.

No illegality can be found in the procedures for the arrest of flagrant offenders.

The defendant's assertion of mistake is not accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if all of the circumstances alleged by the Defendant are considered as grounds of appeal.

We do not accept the defendant's unfair argument of sentencing.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.