logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.06.30 2017노661
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding 1) While the victim F was able to have a physical contact between the Defendant and the victim F in the process of concluding that the Defendant and E are fighting, the Defendant did not have any intention to assault the victim F.

2) When arresting the Defendant in the act of committing an act of committing an offense and getting on and off an escalator, police officers G was shot back immediately after the Defendant’s immediately. It is impossible for the Defendant to agree with G’s chest on the left side.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

가. 피해자 F에 대한 폭행 원심이 적법하게 채택하여 조사한 증거에 의하여 인정할 수 있는 다음과 같은 사정들 즉, ① 피해자는 일관하여 피고인이 허벅지를 발로 찼다고

A statement is made by the victim, and there is no particular motive for the victim to make a false statement, and ② The victim has the right to the way of the defendant in the court of original instance.

It is not intended to buckbucks with the purpose of purpose, but it was done so in the process of overshacking conduct.

“I think,” and “I may face or be able to face in a sudden situation.”

“The question is inappropriate to be called “ because the Defendant’s conduct was an excessive behavior.”

I think.

“The above statement is an explanation of the circumstances of the assault when taken as a whole, and it cannot be deemed that there was no intention of assault against the Defendant. ③ Police Officers G who called to the site and arrested the Defendant in the act of committing an act of violence need not be subject to a practical number of times in the court of original instance.

G. G. G. L. L. L. L. L.W. for the question.

The defendant listens to the facts of damage from the damage, and the defendant is not able to get off his arms and walked with his arms, and to protect his body.

arrow