beta
(영문) 부산지방법원 2015.06.18 2015노1035

공무집행방해

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, at the time of the instant case, found the Defendant guilty of the instant facts charged, on the ground that there was no assault by the police officer, such as putting his clothes off, cutting off his clothes, and showing her own gate, or pushing the chest of the police officer, etc., by cutting off his clothes, the lower court erred by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment. 2) Even if not, the lower court’s sentencing (7 million won of fine) is not so unreasonable, the lower court’s sentencing (hereinafter “fine”) is too unreasonable.

B. The lower court’s sentencing against the Defendant by the Prosecutor is too unfortunate and unreasonable.

2. The following circumstances acknowledged by the lower court’s judgment as to the Defendant’s assertion of mistake of facts: (i) the police officer G made a concrete statement from the investigative agency to the testimony at the court of the lower court regarding the process of the instant case and the Defendant’s remarks, actions, etc.; (ii) the game room employees at the scene stated that “the Defendant was a police officer who saw him/her to her, pushed him/her with his/her chest, and resisted him/her with her,” and (iii) the aforementioned people cannot be deemed to make a false statement on the ground that he/she did not have any circumstance to make him/her appear at the risk of danger of death and perjury and perjury; and (iv) according to the video taken by H at the time of the instant case’s photograph, it is possible to ascertain that K and G, a police officer, was sealed with his/her chest, or that it appears that he/she would have done an act at the time when he/she was making a statement at the scene, and (iv) G was sufficiently aware that he/she had been on duty at the scene.