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(영문) 서울북부지방법원 2014.12.05 2014노1264
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit a crime identical to that stated in the instant facts charged.

B. The sentence imposed by the lower court (six months of imprisonment and one year of suspended execution) is too unreasonable.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous in light of the evidence examination conducted by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly unreasonable in full view of the evidence examination conducted by the first instance court and the evidence examination conducted by the time of closing argument of the appellate court, the appellate court should not reverse the first instance judgment on the ground that the first instance court’s determination on the credibility of a statement made by a witness of the first instance is different from the appellate court’s determination (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).

The police officer who has caused obstruction of the performance of official duties shall keep the victim of the disturbance from the investigative agency to the court of original trial by consistently taking the defendant's desire to do so.

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