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(영문) 수원지방법원 2016.06.02 2015노6154
공무집행방해등
Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as indicated in the instant facts charged, was aware of the fact that he had been asked by police officers for the arms as stated in the instant facts charged. However, in light of the degree of damage caused by the Defendant’s act, the Defendant interfered with or inflicted an injury on the Defendant

not be deemed to be the case.

Therefore, the judgment of the court below which convicted the defendant of obstruction of the performance of official duties and injury charges is erroneous in the misapprehension of facts.

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

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the court below. ① At the time of the instant case, the Defendant was called to police officers D upon receiving a report that the Defendant d's d's d's d'h' and d'h's d'h's d'h's d'h's d'h'h'h'h'h'h'h'h'h'h'h's d'h'h'h'h'h'h'h's d'h'h'h'h'h'h'h'h'h'h'h's d'h'h'h'h'h'h'h'h's d'h'h'h'h'h'h'h'h'h's d'h'h'h'h'h'h's d'h'h'h'h'h's d'h'h'h'h'h'h'h'h'h'h'h'h'h'h'h'h'h'h'h'h.

B. The fact that the Defendant appears to have committed the instant crime with fault and error that he/she intends to arrest as a current criminal is favorable to the Defendant.

However, it interferes with the performance of official duties.

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