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(영문) 서울서부지방법원 2019.05.16 2018노1783

공무집행방해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of a fine) is too unreasonable.

B. misunderstanding of facts or misunderstanding of legal principles: Provided, as seen later, the argument of misunderstanding of facts or misunderstanding of legal principles in the statement of reasons for appeal filed by an attorney Park Il-sung on March 29, 2019 cannot be seen as a legitimate ground for appeal, and thus, it shall not

Since the Defendant’s act did not amount to “Assault” as referred to in the crime of obstruction of performance of official duties, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine.

2. Whether the assertion of mistake or misapprehension of legal principles constitutes a legitimate ground for appeal

A. The record reveals: (a) On January 2, 2019, the trial court appointed attorney F on behalf of the defendant as a state appointed defense counsel; and (b) the same month.

4. The same month to the above public defender.

8. The fact that each of the defendant was served with the decision to appoint a state appointed defense counsel and the notification of the receipt of trial records; ② an attorney F submitted the statement of grounds for appeal stating only the grounds for appeal on January 22, 2019, which was within the period for submitting the statement of grounds for appeal; ② an attorney F filed an application for permission to resign from a state appointed defense counsel on February 22, 2019, which was after the deadline for submitting the statement of grounds for appeal expired; ③ the court of appeal revoked the appointment of a state appointed defense counsel on March 6, 2019 and newly appointed a public defense counsel for the defendant; ④ the defendant’s act on March 29, 2019 does not constitute “Assault; thus, the defendant’s act does not constitute “influence,” and thus, submitted again the statement of grounds

B. The following circumstances revealed in light of the foregoing facts, namely, ① an attorney F submitted the grounds for appeal on the grounds of unfair sentencing within the period for submitting the grounds for appeal, and later resigns after the lapse of the period for submitting the grounds for appeal.