(영문) 부산지방법원 2017.11.30 2017노2307 | 리걸엔진

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자간(%)

(영문) 부산지방법원 2017.11.30 2017노2307

공무집행방해

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of all the charges of this case on the grounds that the Defendant did not misunderstanding the fact out of the officetel and did not intentionally assault the police. In so doing, the lower court erred by misapprehending the facts charged of this case, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (three years of suspended sentence in August) is too unreasonable.

2. Determination

A. On October 5, 2016, the Defendant alleged to the effect that the instant facts charged are different from the actual facts because the Defendant did not have any string of the studio from the studio of the officetel. However, the content of this part of the facts charged is not that the Defendant was out of the studio of the studio, but that the police officer received a 112 report stating that the Defendant was called out of the studio of the studio, “the death of the studio caused the death of the studio.” This part of the Defendant’s assertion is without merit.

According to the evidence duly adopted and examined by the court below, the defendant's body was found to have sealed the body of G police officers with his back body.

Although there was no degree of the defendant's assertion as alleged by the defendant, the defendant's above act was restricted by police officers' decision-making or behavior (No. 91 of the evidence record), which constitutes "Assault" of interference with the execution of official duties.

This part of the defendant's assertion is without merit.

2) According to the evidence duly adopted and examined by the lower court on February 12, 2017, the lower court acknowledged that the Defendant was satisfing the chest of the police officer J (the Defendant also made a statement in the police investigation to the effect that “the young police officers in the right blue is faced with the chest of the young police officers in the right blue).” This part of the Defendant’s assertion is without merit.

B. The conditions of sentencing do not change compared to the first instance court’s determination on the unfair argument of sentencing, and the first deliberation is conducted.

유사 판례

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-서울남부지방법원 2013.04.25 2012노2021

-의정부지방법원 2015.03.16 2014고단4791

-인천지방법원 2020.06.12 2018노3698