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(영문) 서울남부지방법원 2017.09.14 2016노1693
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged that he was guilty of the fact that he did not assault the Defendant, such as pushing the D’s breast, driving the breast, drinking, etc.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. Since the protocol prepared by the police for the interrogation of suspect is not signed and sealed after the inspection of the protocol, evidence is inadmissible.

(c)

In light of the fact that the defendant's punishment (6 months of imprisonment and one year of suspended execution) declared by the court below is too unreasonable in light of the fact that the defendant's excessive drinking and contingent drinking and the defendant's living is difficult at the time of the unfair argument for sentencing.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the part on the assertion of facts, the lower court fully recognizes the Defendant’s assaulting the victim’s chest as stated in the facts charged of the instant case when he was pushed down with the victim’s chest, as indicated in the instant facts charged.

The defendant's assertion of facts is without merit.

B. According to the records of this case on the part of the allegation of illegality evidence, the Defendant recognized the legality, substance establishment, voluntary gender, and contents of the protocol of interrogation of suspect prepared by the police at the first trial of the court below, and ② even at the end of the protocol of interrogation of suspect prepared by the police, it is recognized that the Defendant signed and sealed the protocol of interrogation

Therefore, the defendant perused and affixed his signature on the protocol of interrogation of the police.

It is reasonable to view it.

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

(c)

There is no special circumstance or change of circumstances that can be newly considered after the decision of the court below on the unfair argument of sentencing.

In addition, according to the records and arguments of this case, such as the defendant's age, sex, environment, and motive for committing the crime, and the reasons for sentencing of the lower judgment, various circumstances asserted by the defendant on the grounds of appeal.

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