beta
(영문) 의정부지방법원 2014.10.30 2014노1820

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed a mistake of fact with one hand, not with two descendants.

B. The sentence of unfair sentencing (six months of imprisonment) by the lower court is too unreasonable.

2. Determination:

A. Comprehensively taking account of the facts revealed in the record of the judgment on the assertion of mistake and the trial process, G made a statement by the investigative agency that the Defendant abused G in her hand, and even in the court of original instance, it appears that the statement was consistent with the statement that the Defendant used both arms to cross in X, and is considerably specific and high credibility. ② Police H, which was called with G, stated in the investigative agency, that “the Defendant committed an assault against the Defendant in a X-style form,” and the court of original instance stated in the purport that “the Defendant directly appeared to cross-consect the arms and is memory because of special circumstances,” and “H’s statement appears to be consistent, as well as that it appears to have high credibility because the Defendant used the left arms, does not seem to be impossible to use the left arms.” However, in full view of these circumstances, it can be acknowledged that the Defendant used the fact that the Defendant committed an assault against G.

Therefore, the defendant's assertion of mistake is without merit.

B. The act of assaulting a police officer who executes the public authority among the crimes of this case regarding the assertion of unfair sentencing affects the duty of the police officer to protect the peace and safety of citizens, and the damage therefrom eventually leads to the general public, so it is necessary to punish the defendant strictly. There is a 17-time violence criminal records and two-time criminal records of obstruction of performance of official duties, and there is a single criminal records of imprisonment, two-time criminal records of suspension of execution, one-time criminal records of imprisonment, one-time criminal records of suspension of execution, one-time criminal records of suspension of execution of official duties, and one-time criminal records of suspension of official duties