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(영문) 대구지방법원 2016.04.29 2015노3673

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not interfere with the performance of official duties by assaulting a police officer, the lower court found him guilty of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

B. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

(c)

The punishment sentenced by the court below which is unfair in sentencing (2 million won) is too unreasonable.

2. Determination

가. 사실 오인 주장 원심이 적법하게 채택하여 조사한 증거들을 종합하면, 피고인이 원심 판시와 같이 2015. 6. 24. 01:35 경 대구 서구 B 아파트 호 앞 복도에서 피고인의 집 아래층에 사는 C 이 층 간 소음을 이유로 피고인을 112 신고 하였다는 이유로 격분하여 고성을 지르며 발로 C의 현관문을 수회 찼고, 이에 대구 서부 경찰서 D 지구대 소속 경사 E이 피고인을 제지하자 “ 씨 발 놈 아 우리는 보호 안해 주냐

"Abrutal" can be sufficiently recognized that police officers interfere with legitimate performance of their duties in patrols by pushing them with E's chest by shouldering them with the face of E and assaulting E's chest by head.

Therefore, the defendant's above assertion is without merit.

B. According to the record on the assertion of mental and physical disorder, even though the Defendant was aware that he had drinking alcohol to a certain degree at the time of the crime of this case, in light of the Defendant’s reputation, the process and process of the crime, the means and method, and the Defendant’s behavior before and after the crime of this case, the Defendant had no or weak ability to discern things at the time of the crime of this case.

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

(c)

It is recognized that the defendant alleged unfair sentencing is a primary offender, and that he committed the instant crime contingently.

However, this case.