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(영문) 서울북부지방법원 2019.05.31 2019노431
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit any act against a police officer, such as threatening or threatening a police officer, or threatening a police officer, as the latter might be.

B. The lower court’s sentence of unreasonable sentencing (one month of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: (i) police officers F of the Seoul Southern Police Station Estation, who belong to the Seoul Southern Police Station Estation, (ii) upon receiving the Defendant’s 112 report from the former husband C, and sent back to the Defendant’s residence together with other police officers; (iii) from the investigation agency to the court of the court of the court below, “I want to take a bath to C; and (iv) I expressed the Defendant’s desire to “I would like to put the Defendant on hand, I would like to put the Defendant on hand; and (v) I would not have any reason to make a false statement or interfere with the Defendant’s performance of official duties; and (v) The Defendant, who was a police officer, was immediately arrested by the police officer at the scene of the crime of obstruction of performance of official duties; and (v) in light of the fact that the Defendant exercised the police officer at the investigation agency and the police officer’s legitimate exercise of official duties.

Inasmuch as there is no circumstance that the process of arrest of the defendant was illegal, there is no error of misconception of facts that the court below found the defendant guilty of the facts charged.

Therefore, we cannot accept this part of the defendant's assertion.

B. Determination on the assertion of unfair sentencing

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