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(영문) 제주지방법원 2020.07.23 2019노762

특수공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty in the absence of the fact that the victim was in a health boarl. There is an error of misconception of facts.

B. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution) is too unreasonable.

2. Determination

A. Facts and circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., ① the victim called 12 reported at the time of the instant case requested a drinking measurement to the defendant, and the defendant refused to demand a drinking test, and there appears to have been somewhat interest in the defendant under the influence of alcohol; ② the victim prevented the defendant, and ② the victim was the reporter, and the victim stated that the victim was the victim’s head was at once of the victim’s head as he was flick, G, and J. At the time of the instant case; ③ the victim’s head was used at the scene of the instant case; ③ the victim’s head was at the time of the Defendant’s head was at the time of the instant accident, and the victim’s head was at the time of the instant accident, and the victim’s body was at the time of the victim’s injury, and the Defendant’s statement was not erroneous in the judgment of the court below in light of the following facts.

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

B. Determination on the assertion of unfair sentencing