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(영문) 인천지방법원 2018.08.22 2018노1155
경범죄처벌법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who misleads the police of the fact, took a bath, etc. in response to the illegal arrest and assault by the police, and the Defendant did not commit any assault against the police over several times.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined by the lower court and the trial court, i.e., ① a taxi engineer E visited and reported a police box at the investigative agency on the day of the instant case because the Defendant did not under the influence of alcohol and did not go back to the police station; on several occasions, the police officer told the Defendant to take a cab and return home to the police station; but the Defendant took a bath to the police station, and it is unclear whether the Defendant was able to check the police officer and take a bath to the police officer, according to the internal image of the police box submitted by the Defendant at the trial. However, according to the evidence examined by the lower court, the Defendant was found to have taken advantage of the police officer’s desire to take a breath, and had the police officer take a desire to take a breath, and had the police officer take a breath, and had the police officer take a breath, etc., of the Defendant’s desire to take a breath action after the police box and the police box.

B. The Defendant’s ground for appeal is examined in light of various sentencing conditions shown in the instant case’s records and arguments.

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