(영문) 의정부지방법원 2017.08.24 2017노1283

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(영문) 의정부지방법원 2017.08.24 2017노1283

공무집행방해

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was not aware of the fact that he committed an assault, such as flabing a febbage or flabing the chest.

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

B. The sentence sentenced by the court below to the defendant (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. In the lower court’s determination as to the assertion of mistake of facts, the Defendant asserted the same purport as the mistake of facts among the grounds for appeal.

As to this, the lower court rejected Defendant 1’s allegation by comprehensively taking account of the circumstances in its ruling, thereby finding Defendant 1 guilty.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is an error of law by misunderstanding of facts, as alleged by the defendant.

subsection (b) of this section.

Therefore, Defendant’s assertion of mistake of facts cannot be accepted.

1) G, a police officer called F to the scene of the instant case, was present at the court of the lower court, and stated that “A, from among the roads presented at the scene, the Defendant temporarily ceased locked by having the Defendant locked, but the Defendant saw F by drinking f by drinking f, while taking a bath to F (No. 41, 42 of the record of the trial).” The video of G is not private cell phone ownership of the cell phone G taken by G, but a cell phone inquiry operated by the police (No. 43 of the record of the evidence and No. 85 of the record of the evidence). According to the video of the instant case, following the police officer’s dispatch to the scene, the Defendant may check the appearance of the police officer after the Defendant’s locked, and then the lock termination is possible, and the progress of the instant case is consistent with G’s statement and the Defendant’s statement is consistent with GF’s statement, and the Defendant’s statement on GF’s seat.

유사 판례

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