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(영문) 수원지방법원 2018.12.21 2018노6657

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal 1) The police officer C, who misleads the defendant as to the fact, first flabed the Defendant’s bat, plucked and plucked the Defendant’s bat, and exercised the illegal public power, such as plucking the head on the floor, and the Defendant only flabed the police officer C’s bat to defend it. Thus,

However, the lower court found the Defendant guilty of the instant facts charged.

2) At the time of committing the instant crime, the Defendant had no or weak capacity to discern things or make decisions.

3) The sentence of the lower court’s unfair sentencing (eight months of imprisonment, two years of probation, observation of protection, and community service hours) is too unreasonable.

2. In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, it is difficult to view the Defendant’s act as a legitimate defense.

Therefore, the lower court’s judgment that found the Defendant guilty of the instant facts charged is justifiable.

(1) D In the course of an investigation, a police officer was pushed a defendant who wants to assault him/her, and the defendant was spawn, and he/she was spawn after the spath of a police officer.

The statement was made (38 pages of the investigation record). In addition, D made a statement to the effect that the police officer, who confirmed the facts after the Defendant was arrested, had the Defendant pushed the Defendant, but did not look at the Defendant (Article 00:36-00:42 of the first file out of the CDs attached to the investigation report 47th page of the investigation record). Meanwhile, the Defendant her flab, in the process of the prosecutor’s investigation, had the police officer dump, and the police officer dumped in his flab during the police investigation process.

The statement was made to the effect that it was not true due to the interest at the time (the 80th page of the investigation record). Comprehensively taking account of the above contents of the statement, the Defendant first saw that the police officer C’s flaps were able to prevent himself/herself.

full recognition may be accepted.

② Police Officers C, as seen earlier,