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(영문) 의정부지방법원 2016.10.07 2016노1919
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of this part of the facts charged on a different premise, although there was no mistake of facts or misapprehension of legal principles as to the mistake of facts or obstruction of performance of official duties, or assault by the police officer, such as acting as a police officer on the ground of drinking, or scambling or scambling a police officer, etc., by resisting the police officer's notification disposition, it erred by misapprehending

B. The sentence imposed by the court below on the defendant (one hundred months of imprisonment and additional collection) is excessively unreasonable.

2. Determination

A. On December 15, 2015, around 22:10 on December 15, 2015, the Defendant and B of this part of the facts charged were required to present identification cards on the floor by taking into account the following: (a) while crossing without permission, the Defendant was under the control by LW belonging to K of the Gu Government Police Station, and the Defendant was in line with the above Defendant’s behavior, and (b) was in line with the above Defendant’s behavior, b took a bath for the above police officer; (c) was out with the Defendant’s hand; and (d) was out of the police officer’s hand, and was flabed with the above police officer, and was arrested for a flagrant offender committing an obstruction of the performance of official duties; and (e) the Defendant conspireded with the above police officer to lawfully arrest and arrest the police officer at the same time as he did so, and thereby interfere with the police officer’s duty without permission.

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