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(영문) 대전지방법원 2015.04.23 2015노273
공무집행방해등
Text

The appeal by the prosecutor is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the recording of a misunderstanding of facts submitted by a mistake prosecutor, it is sufficiently recognized that the Defendant made a threat to the extent that it could interfere with police officers’ legitimate performance of their official duties by notifying a large number of police officers, such as slopeF, of harm and injury in the Daejeon Pream Station D Boxes (hereinafter “D Boxes”) located in Daejeon Pream-gu I as stated in the facts charged.

B. The sentence of an unreasonable sentencing (six months of imprisonment) by the court below is too uneasible and unfair.

2. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the following circumstances are recognized.

① At the time when the Defendant was arrested as a police officer upon receiving a report under the influence of alcohol, and was transferred to the police box of Daejeon District Police Station D police station, which was located in the police station, for the offense of insult against the victim E, etc., the Defendant was arrested as a police officer, and was transferred to the police box of Daejeon District Police Station, and the relevant guards were connected with the suspect in the police box. However, during the process of taking the hand or body while under the influence of a half of a half of time, the Defendant appeared to have suffered considerable inconvenience and pain.

In this situation, it seems that police officers temporarily feel frighten or frightened in the situation where the police officers did not receive the repeated request of the defendant that he was unclaimed, and did not temporarily feel frighten and frighten the rest of the situation where he did not return frighten.

② The Defendant continued to take custody of the police box for one hour after being brought to the police box, rather than taking a bath, but rather concentrating the first half of the police box, it appears that there were several police officers in the police box at the time. In light of the circumstances at the time, it is unclear whether the police officers, as seen above, did not pose a threat to the Defendant’s body.

(3).

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