beta
(영문) 서울동부지방법원 2013.05.03 2013노84

공무집행방해

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A Punishment of a fine of KRW 1,00,000 shall be imposed against A.

Reasons

1. Summary of grounds for appeal;

A. The court below accepted the facts charged in this case and convicted the defendants, although there was no misunderstanding of facts that Defendant A was an assault from the Inspector E and did not have the body of E with head and shoulder, and Defendant B did not depict F’s f’s f’s f’s f’s f’s f’s f’s f’s bat and sentenced the defendants guilty. The judgment of the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The lower court’s sentencing on the Defendants of unreasonable sentencing (a fine of two million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, in particular, the witness F, E, and G’s written statement in each court below judgment, and the statement in the police interrogation protocol against Defendant A, Defendant B, at the date and time stated in the facts constituting a crime in the original judgment, and at the place, he prevented the police officer when putting the taxi engineer G, and the police officer F when putting him on the taxi engineer G, he was at one time, and the back f’s f’s f’s f’s f’s f’s f’s f’s f’s bat as stated in the facts constituting a crime in the original judgment, and Defendant A could fully recognize the body of Defendant B’s e’s f’s f’s f’s f’

B. (1) Determination on the argument of unfair sentencing is based on the following facts: (a) Defendant A’s improper conduct in the process of the instant crime; and (b) Defendant A did not violate his depth on his mistake in the process of the instant crime; (c) Defendant A did not have any specific criminal record other than punishment by a fine twice due to drunk driving; (d) the degree of assault inflicted on Defendant A during the instant crime is relatively minor and the degree of participation is insignificant; and (e) Defendant A did not have any aspect to stimulate the inappropriate conduct of Defendant A in the process of suppressing Defendant A; and (e) the circumstances favorable to Defendant A, such as: (a) the degree of assault inflicted on Defendant A at the time of the instant