(영문) 창원지방법원 2019.05.22 2018노2916 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2019.05.22 2018노2916

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)

A. misunderstanding of facts and misunderstanding of legal principles (the part concerning the crime in the defense room, among the insults), the Defendant expressed a desire to the persons who were in the defense room, and did not take a bath to the police officers.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts and misapprehension of legal principles, the Defendant and the defense counsel, 2018

9. On July 18:55, the Defendant expressed that: (a) four on the side table table bbble, which had been kept in clothes at the main points of “C” located in Tong-si B (hereinafter “B”) and had the Defendant take a bath first; and (b) police officers took a bath to the people, and (c) police officers took a bath again during the passage of the uniforms. However, the police officers did not take a bath.

2) The victim’s statement is consistent with the main contents of the statement, and there is no unreasonable or contradictory part in the statement in light of the empirical rule, and as long as the motive or reason for making a false statement unfavorable to the defendant is not clearly revealed, the credibility of the statement shall not be rejected without any justifiable reason (see, e.g., Supreme Court Decision 2018Do7709, Oct. 25, 2018). The police officer F and G stated at the investigative agency that the Defendant drank the other customer’s alcohol at the station, and the police officer expressed that the Defendant drank the other customer’s alcohol without the permission of the other customer’s alcohol, expressed that the police officer sent the disturbance by avoiding the disturbance, and expressed that the police officer had expressed a desire to urge him/her to return before the station.

In addition, according to F’s written complaint, the Defendant saw F as “Chewing”, “grings”, “ass”, “assort”, and “Chewings” to F. G, according to G’s written complaint, the Defendant saw G as imprisonment with prison labor for 20 years.

유사 판례

-부산지방법원 2015.12.03 2015고단4769

-부산지방법원 2014.05.20 2014고정908

-서울서부지방법원 2019.05.31 2019고정216

-창원지방법원 2017.03.24 2017고단312

-의정부지방법원 2015.10.20 2015고단1396