특수재물손괴등
The defendant's appeal is dismissed.
1. The court below's scope of trial in this court is dismissed as to the assault against the victim C among the facts charged against the defendant, and found guilty as to the remaining facts charged, and since the appeal by the defendant only against the guilty part and the rejection of the prosecution not appealed by the prosecutor becomes final and conclusive, the scope of trial in this court is limited to
2. Summary of reasons for appeal;
A. 1) The Defendant had no intention to commit assault against the victim F.
2) The Defendant’s act of plucking, plucking, plucking, etc. of a police officer is likely to cause violence to C in a situation where the police officer forcibly takes the Defendant’s booms behind the Defendant’s timber, and it is likely that the police officer might go beyond the police officer. The Defendant did not have the intent of assault, and the Defendant and the defense counsel argued to the effect that the Defendant did not have the intent of assault on the premise that the police officer, who is the counterpart to the obstruction of the performance of official duties, suffered the injury. However, the charges of obstructing the performance of official duties in this part of the charges of obstructing the performance of official duties were assaulted against the police officer performing official duties, and thus damaging the body of the police officer, there was no intention of assault, and there was no intention of assault.
shall be regarded as being alleged;
Even if assault is recognized, the defendant's act constitutes legitimate defense.
B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.
3. Determination
A. In the lower court’s determination as to the assertion of mistake of fact, the Defendant alleged to the same effect as the grounds for appeal, and the lower court determined that the Defendant was guilty of all obstructing assault and performance of official duties by comprehensively taking account of the evidence as indicated in its reasoning, and rejected the Defendant’
The circumstances acknowledged by the court below based on the evidence duly admitted and investigated by the court below.