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(영문) 수원지방법원 2017.10.20 2017노5915

공무집행방해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the charge of interfering with the performance of official duties among the facts charged in the instant case, there was no assault by the Defendant on the floor of hand as stated in the facts charged.

However, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The defendant asserts that the sentencing unfair (the defendant and the prosecutor) of the court below's punishment is too unreasonable because it is too unreasonable, and the prosecutor asserts that it is too unfeasible and unfair.

2. Determination

A. Determination 1 on the Defendant’s assertion of mistake of facts) The Defendant asserted that the aforementioned grounds for appeal were identical to that of the lower court.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the court below held that the defendant was able to recognize the fact that the defendant assaulted F by the victimized police officer F as stated in this part of the facts charged, thereby obstructing the police officer’s legitimate execution of duties concerning arrest of flagrant offenders.

and rejected the defendant's above assertion.

A) The Defendant, as indicated in the facts charged in the instant case, was demanded by a police officer to stop the vehicle on the underground vehicular road while making a drinking or a non-licensed driving, and stopped the vehicle on the underground vehicular road.

The police officers called up at the time confirmed that the defendant did not have a driver's license for a motor vehicle, that the defendant was smelled in the entrance of the defendant, and notified the defendant of the principle of spora, and arrested the defendant in flagrante.

B) The police officers demanded the Defendant to move from the side of the Defendant’s vehicle to the police vehicle and depart from the police vehicle. However, the Defendant refused to move to the police vehicle by hand while driving the upper part of the police vehicle by hand.

Accordingly, police officers have caused physical fightings in the process of suppressing the defendant in order to take the wall, and in the process, they are in the process.