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(영문) 춘천지방법원 2015.09.02 2015노385
특수공무집행방해
Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts: (a) although the Defendant 1 puts a knife on a knife, the Defendant did not put the knife on the police officer; (b) the lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

B. The sentence of the lower court’s sentence (e.g., e., e., g., e., e.

2. Determination

A. Before the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, the Prosecutor applied for amendments to the indictment with the content that “I am girs to the above F, as I am girs to the above F,” among the facts charged, “I am girs to the above F,” and the subject of the judgment was changed by this court’s permission. Thus, the judgment of the court below was no longer maintained.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio destruction.

B. The following circumstances acknowledged by the judgment of the court below and the evidence duly adopted and investigated by the court below on the Defendant’s assertion of mistake of facts, namely, the police stated that the Defendant 1 was knife in the kitchen and knife the body of the Defendant, and the Defendant was knife in the court below, and the court below stated that the Defendant was knife in the knife and knife in the knife in the knife and knife in the knife. While each of the above statements differs in the detailed part, the Defendant was consistent and credibility in the main part; ② the Defendant was knife at the police station with the kitchen knife in the main part; and the prosecution stated that “the Defendant brought the knife in the main part and interfered with the performance of official duties as the police officer’s knife.”

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