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(영문) 서울중앙지방법원 2017.08.18 2017노1230
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 asserts that such an act is a minor physical contact that does not result in assault in a crime of interference with the performance of official duties, in the course of resisting the victim who intends to attract the Defendant out of the Republic of Korea, and that such act is a simple physical contact that does not result in assault in the crime of interference with the performance of official duties.

There is no assault against a victim.

2) The punishment of the lower court is too heavy.

B. The Prosecutor’s sentence to the lower court is too minor.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the defendant's assertion of mistake of facts, the defendant has been sufficiently recognized to obstruct the performance of official duties by assaulting the victim as stated in the judgment below

In addition, the act of one defendant when the face of the victim is bound is an act of violence as an exercise of force against another person's body.

B. In light of the circumstances revealed by the lower court in the grounds of sentencing and the conditions of sentencing indicated in the record, the lower court’s sentencing is not deemed to be too heavy or unreasonable, as it is deemed unfair.

3. Conclusion, the appeal filed by the Defendant and the Prosecutor is all dismissed.

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