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(영문) 수원지방법원 2019.01.16 2018노5651

모욕등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant does not have any desire for a police officer, and there is no fact that the Defendant made a disturbance of drinking alcohol.

In addition, the defendant is the victim illegally arrested by police officers.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court on the assertion of mistake of facts, namely, ① the victimized police officer E and D sent out to the site after receiving 112 report to the effect that they were frighting, demanded the Defendant to reveal their identity, and used them to stop home, but the Defendant’s refusal and continued to arrest and arrest the suspect as stated in the charges due to the defect insult, etc. (Evidence No. 4, 16, 22, 29) and arrested him as a flagrant offender (Evidence No. 4, 16, 22, 29 of the evidence record), ② G and F stated at the investigative agency that “the Defendant was frighted at the entrance of CB, the Defendant was frighting to the police officer, and was harming the surrounding commercial buildings (Evidence No. 10, 12 of the evidence record).” It does not seem to have any error in the process of arrest.

Therefore, the judgment of the court below which found the defendant guilty is just, and there is no error of law by mistake of facts as alleged by the defendant, and the above argument by the defendant is without merit.

B. The fact that the defendant did not have any record of punishment for the same kind of crime is favorable.

However, the defendant took a bath for police officers who perform legitimate performance of official duties, and was unable to avoid a disturbance at a place used by ordinary citizens due to violence, obstruction of work, etc., and the judgment of the court below has already been favorable to the defendant.