beta
(영문) 서울남부지방법원 2014.12.05 2014노1368

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles were dispatched by police officers to the Defendant’s residence, and the Defendant was faced with a slope F with a shoulder in order to attract a cigarette in the kitchen, and did not assault F. The Seoul Geumcheon Police Station did not destroy electric contact at all because both hand and hand were put up.

Nevertheless, the lower court erred by misapprehending the facts and misapprehending the legal principles, thereby finding the Defendant guilty of each of the charges of this case.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the court below, the defendant was unable to have avoided a disturbance due to the breath of alcohol while drinking in the defendant's dwelling, walking the fluor, etc., and the police officers dispatched to the site after being reported 112 by neighboring residents. When the police officers were informed of the disturbance, the police officers were informed of the disturbance, and the police officers continued to be informed of the disturbance, and the police officers continued to be informed of the disturbance, and the police officers went into the house and breath of the f's chest that the defendant breath of the defendant was friendly with the defendant's secret, and the defendant was arrested as an offender in the obstruction of the performance of official duties and was waiting at the criminal waiting room of the Seoul Geumcheon Police Station, Seoul, the defendant was arrested as a flagrant offender in the obstruction of the performance of official duties, and the defendant was able to recognize the obstruction of the performance of official duties as all of the charges of this case, and thus, the public goods and the charges of this case were removed.

B. The Defendant committed each of the instant crimes even though he/she was punished several times due to the same kind of crime, and the Defendant committed his/her own crime.