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(영문) 제주지방법원 2013.05.09 2012노463
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles did not harm a victim E or assault a police officer, and did not destroy a fire by generating it.

Only the defendant was the chest of the police officer who unfairly treated the defendant.

Nevertheless, the police officers, without notifying the Non-Susal Principles, arrested the defendant as an offender in the crime of obstruction of performance of official duties, and left the defendant alone without proceeding to verify the identity of the defendant after arrest.

Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles.

B. Even if the Defendant was found guilty of an unreasonable sentencing test, the lower court’s sentencing (fines 4,000,000) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. As to the injury and damage, E, I, and J consistently state from the police investigation stage to the court of the court below that the Defendant got the victim E to be pushed down. G, H, and I state that the Defendant was broken down in the course of the process of salving the Defendant to police officers. Since their statements are credibility, the Defendant may sufficiently recognize the fact that the Defendant was injured by the victim E, and that the Defendant was damaged by the victim I and damaged by the victim I.

The court below is justified in finding the defendant guilty on this part of the facts charged.

B. According to the evidence duly admitted and examined by the court below as to the obstruction of performance of official duties, the court below's judgment that convicted the police officers of obstruction of official duties on the ground that the police officers did assault by 10 minutes of breath and bating bats, etc. before the defendant is arrested.

Furthermore, whether or not the doctrine has been notified in the course of arrest after the obstruction of performance of official duties, and whether or not the defendant has been left alone in the earth.

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