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(영문) 전주지방법원 2017.06.02 2017노300
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding or misunderstanding of legal principles did not assault police officers F as stated in the facts charged, and even if so, there was such fact.

Even if this constitutes a legitimate defense to oppose the illegal arrest of the victim in the act of committing an offense, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby finding the Defendant guilty of all the charges of this case.

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

2. Determination

A. The defendant alleged the same purport in the judgment of the court below, and the court below rejected the above assertion in detail by stating in the column of "the judgment on the defendant's assertion". In light of the records, the court below's judgment is just and acceptable, and there is an error of law by misunderstanding the facts or misunderstanding the legal principles as alleged by the defendant.

Therefore, the defendant's mistake of facts or misapprehension of legal principles is without merit.

B. The circumstances favorable to the Defendant are that there was no history that the Defendant had been punished as a crime of interference with the performance of official duties prior to the judgment on the unfair argument of sentencing, and that the Defendant appears to have committed the instant crime by drinking.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that the crime of this case was committed by assaulting a police officer dispatched by the defendant after receiving 112 report and obstructing his legitimate execution of duties, and that it is not good to the nature of the crime, that there is no agreement with the victimized police officer or no particular measure is taken to recover from damage up to the trial of the case, and that there is a need to strictly punish the crime of interfering with the performance of official duties in order to establish

The above circumstances and other circumstances, the background of the instant crime, the age of the Defendant, and the Defendant.

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