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대전지방법원 2016.04.08 2015노2562

공무집행방해

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

가. 피고인들 1) 사실 오인 피고인 A, C이 경찰관이 들고 있는 방패를 밀고, 피고인 B, C, D이 철골 구조물( 근조 팻말) 로 경찰관을 민 행위는 경찰관들이 피고인들을 포위하고 밀어내는 과정에서 불가피하게 접촉하게 된 것에 불과하므로 공소사실 기재와 같이 폭행을 하였다고

Defendant A cannot be seen as having intentionally committed an assault even though he was not aware of the police officer G’s objection, and Defendant B did not have intentionally supported the police officer H by the act of assault.

2) The punishment sentenced by the lower court (a fine of 2 million won for each of the fines of 2 million won, a fine of 1 million won for Defendant C, and a fine of 700,000 won for Defendant D) is too unreasonable.

B. The sentence imposed by the Prosecutor by the lower court to the Defendants is too uneasible and unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts was clearly erroneous in the first instance judgment on the credibility of the statement made by the first instance trial witness in light of the spirit of substantial direct psychological principle adopted by the Korean Criminal Procedure Act.

Unless there exist special circumstances to view that maintaining the first instance judgment on the credibility of the statement made by the witness of the first instance trial is clearly unfair, or in full view of the results of the first instance examination and the results of the additional examination of evidence conducted until the closing of the appellate trial, the appellate court shall respect the judgment on the credibility of the statement made by the witness of the first instance trial (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). 2) The Defendants asserted the same purport as the alleged mistake in the lower court, and the lower court rejected the said assertion in detail and convicted the Defendants of all the facts charged of the instant case.

The court below's credibility is affirmed even if all of the evidence duly adopted and examined by the court below is examined closely.