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(영문) 서울동부지방법원 2018.12.07 2018노1373

공용물건손상등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Reasons for appeal;

A. Fact-finding (Defendant) The Defendant did not constitute a crime of interference with the performance of official duties on the grounds that there was no disturbance, such as harming the person’s personal character and taking a bath, and thus, did not constitute a crime of interference with the performance of duties on the part of the police officer during the process of taking the police officer arrested and taken custody of the police officer in the act of interference with the performance of duties. There was no assault and assault on the head of the police officer.

B. The Defendant asserts that the sentence of the lower court (one year of imprisonment, one year of suspended execution, one year of community service, 40 hours) is too unreasonable, and that the prosecutor is too unfasible and unfair.

2. Determination

A. As to the assertion of mistake of facts, the Defendant made the same assertion in the trial of the lower court as to the crime of interference with business, and the lower court, based on the evidence duly admitted and investigated, acknowledged that the Defendant interfered with the business of the victim C, and found the Defendant guilty of this part of the charges in accordance with the evidence duly admitted and examined by the lower court as to the crime of interference with the performance of official duties.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just and it is erroneous in the misapprehension of facts as alleged by the defendant.

subsection (b) of this section.

B. According to the instant argument and records regarding the determination of the illegality of sentencing, the lower court appears to have reasonably decided by fully considering the various sentencing grounds asserted by the Defendant and the Prosecutor, and there is no special circumstance to ex post facto change the sentencing.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.