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(영문) 대구지방법원 2018.10.26 2018노2792
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant misunderstanding the facts (Interference with the performance of official duties) was fluording the body at the time of committing the crime indicated in the instant facts charged, and there was no fact when the victimized police officer was blicked with his body.

B. The sentence sentenced by the lower court to the Defendant (4 months of imprisonment, 2 years of suspended execution, and 120 hours of community service order) is too unreasonable.

2. Determination

A. The court below stated to the effect that the following circumstances acknowledged based on the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts, i.e., ① the damaged police officer consistently called from the investigative agency to the court to the victim's abrupt by receiving a report from the victim to the victim's abrupt, and the under the influence of alcohol Defendant tried to have the victim feel her abrut and her abrut, but the defendant refused to do so, but the defendant was on the left hand of the victim's own right at the left hand in the vicinity of the road." Such statement is credibility because it conforms to the H's statement in the investigation agency and the court where the victim's statement was sent (the victim stated in the investigative agency as if the victim's statement was inside the damaged police officer's abrut, but the court of the court of the court below found that the victim's her abrut on the road to the victim's abru

The statement is argued to the effect that there is no credibility, and the victim police officer was assaulted by the investigative agency within the scope of the victim, as alleged by the victim.

However, he was assaulted in front of his old age.

Although there is a part of the statement to be corrected (19 pages of the investigation record), the damaged police officer was assaulted on the street in the direction to the outside of the investigation record at the place of the photo (63 pages of the investigation record) attached to the investigation record in the court.

clearly stated, and has been dispatched as such.

H is consistently proposed in investigative agencies and courts.

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