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(영문) 대전지방법원 2015.01.14 2014노3016
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The prosecutor (guilty facts, misunderstanding of legal principles, and unreasonable sentencing) 1) misunderstanding of facts and misunderstanding of legal principles (not guilty part) 1 of the lower court’s witness I directly requested the Defendant to voluntarily act, but notified the Defendant that he was a flagrant offender, and that he directly notified the Defendant the criminal facts and the right to refuse to make statements. As such, since the police officer directly notified the Defendant of the right to refuse to make a statement, the credibility of his statement is very high, and the police officer’s statement made by H as well as the witness of the lower court sent together at the time corresponds to this, and thus, the Defendant’s assault against the said I

Therefore, the above assault also constitutes a crime of arrest of a flagrant offender of this case.

B) As indicated in the judgment of the court below, even if the police officers of this case arrested a flagrant offender for the crime of causing property damage, not the above assault, it constitutes a lawful arrest meeting the requirements for arrest of a flagrant offender, since the punishment of this case, the current nature and time of the crime, the apparentness of the crime, and the necessity of arrest are recognized. Nevertheless, the judgment of the court below that judged the arrest of a flagrant offender of this case as illegal and acquitted him of the charges of obstructing the performance of official duties, there is an error of law by misunderstanding of facts and misunderstanding of legal principles. 2) The sentence ( imprisonment, eight months, and confiscation) sentenced by the court below

B. The punishment sentenced by the court below against the defendant (unfair punishment) is too unreasonable.

2. Determination

A. On June 19, 2014, at around 22:50 on June 19, 2014, the summary of this part of the facts charged by the prosecutor’s allegation of mistake of facts or misapprehension of the legal principles (the acquittal portion) 1, the Defendant, who was requested by H and I to respond to voluntary behavior by the police officer assigned to the field where he was dispatched after destroying E’s house, such as the statement of facts, in the vicinity of E’s house, and received the report from E, as stated in the facts charged.

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