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(영문) 청주지방법원 2013.05.10 2012노943
상해등
Text

The second original judgment shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

An appeal by a defendant against the original judgment of the first instance.

Reasons

1. Summary of grounds for appeal;

A. There is no fact of assaulting the victim as stated in the first judgment of the court of first instance on the mistake of facts and the allegation of unfair sentencing, and the punishment sentenced by the first judgment of the court of first instance (fine 3,00,000) is too unreasonable.

B. There is no interference with the victim’s duties or interference with police officers’ performance of their duties, such as misunderstanding of facts against the judgment of the second instance, mental or physical disorder, and assertion of unfair sentencing, as stated in the judgment of the second instance on the grounds of criminal facts, and the punishment sentenced by the second instance court (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, each of the court below argued to the same effect as the grounds for appeal in this part while disputing the facts charged. In light of the evidence duly admitted and investigated by each of the court below, each of the judgment below which found the guilty of each of the facts charged in this case is just and it cannot be deemed that there was a mistake of mistake

Therefore, this part of the defendant's argument is without merit.

B. According to the evidence duly admitted and examined by the second instance court as to the allegation of mental disorder on the second instance judgment, the Defendant’s 3 to 4 soldiers with a small amount exceeding the small amount of 2 soldiers, the average amount of 3 to 2, at the time of the instant crime of obstruction of performance of official duties, and the fact that the Defendant was under the influence of alcohol even at the time of the instant crime of interference with duties

However, the fact that the Defendant: (a) took a bath to the police officer at the time of the instant crime of the performance of official duties, and was detained by the police officer for about 50 minutes; and (b) the Defendant reported to the police and sent the police officer to the police officer for the reason that the victim F did not give any alcohol to each of the instant crimes of interference with official duties; and (c) the Defendant told the police officer that “whether the Defendant was a crime of having given money and asked the police officer to do so.”

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