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(영문) 대구지방법원 2017.10.20 2017노392

공무집행방해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, as stated in the judgment of the court below, did not see the fact that the Defendant 1 did not flick the flick in the police officer G, and on the part of the flick in G above the floor, such act does not constitute an assault, but such act was committed while the above act was in private dispute with the above G, and does not constitute an obstruction in the performance of official duties. However, the judgment below convicting the Defendant of the facts charged of this case on a different premise, which affected the conclusion of the judgment, is erroneous in the misapprehension of facts

2) The punishment sentenced by the lower court against the Defendant (one year of suspended execution in April and one hundred and sixty hours of community service) is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. The judgment of the court below on the defendant's assertion of mistake of facts also asserted the same purport as the grounds for appeal, and the court below rejected the above assertion in detail after examining the following "a summary of evidence" column. In full view of the evidence duly admitted and examined by the court below, the defendant can be recognized as having committed assault against G as facts constituting the crime in the judgment below, and in light of the circumstances leading up to the report and dispatch and the process of assault by the defendant, the judgment of the court below that the above assault by the police officer G at the time of the above assault by the defendant was a part of performing official duties such as field investigation, etc., and it does not appear as a process of private dispute that is unrelated to the performance of official duties, is just and acceptable, and there

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

3. We examine both the defendant and prosecutor's unfair claims of sentencing determination as to the defendant and prosecutor's unfair claims of sentencing.

The defendant commits the crime of this case in a state of alcohol.