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(영문) 서울동부지방법원 2018.06.22 2018노365
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant misunderstanding a fact does not interfere with the performance of duties by a police officer.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, since the defendant was found to have obstructed the performance of duties by police officers as stated in the facts charged in this case, there is an error of law affecting the conclusion of the judgment by misunderstanding facts as alleged in the

subsection (b) of this section.

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

B. In full view of the reasons for sentencing indicated in the records of the instant case’s judgment on the unfair argument of sentencing, the lower court appears to have been reasonably determined by fully taking into account all the circumstances, including the various reasons for sentencing alleged by the Defendant, and no special circumstance exists to the extent that the lower court’s punishment is to be changed.

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

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure; 2.5 of the judgment below as to "1. Police Statement as to E";

1. Change to an investigation report (K's statement hearing) and addition to "each" to the first head of the second parallel head of the second parallel head of the 8th parallel, and addition to "Article 37 former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code," between the second parallel head of the 8th parallel head and the nine parallel conduct.

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