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(영문) 서울남부지방법원 2016.09.09 2016노63

폭행등

Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. As to Defendant 1’s (i) assault and misunderstanding of facts, in full view of the following facts: (a) the victim and witness cannot be recognized as credibility of the statement because the victim and witness are not in good connection with the Defendant; and (b) the victim and witness’s statements are inconsistent with each other, this part of the facts charged was proved without reasonable doubt.

It is difficult to see it.

With regard to interference with the performance of official duties, the police officer at the time of the dispatch police officer conducted a biased investigation by allowing only those who were in a hostile relationship with the defendant to prepare a written statement, etc. while excluding the defendant, and arrested the defendant to this effect as an offender in the act of committing an act of committing an offense, which cannot be viewed as a legitimate performance of official duties, and there was no act of assault or intimidation with regard to interference with the performance of official duties. In full view of the above, this part of the facts charged

It is difficult to see it.

The sentence sentenced by the court below is too unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. In full view of the following circumstances acknowledged based on the evidence duly adopted and investigated by the lower court and the first instance court, this part of the facts charged can be recognized.

(1) The statement of the victim and witness cannot be deemed to be inconsistent to the extent of excluding the credibility of the statement, and even though there are some differences in the detailed parts such as the number of times, the fact that the defendant committed an assault in the way that the victim and witness belongs to the victim and witness, it is generally deemed that the statement coincides with the fact that the defendant committed an assault in the way that the victim and witness are in a manner that the victim and witness belong to the defendant, but it is not easy for the defendant to see, but even before the crime of this case is committed, the above diveton members appear to refer the defendant's disturbance to several times.