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(영문) 인천지방법원 2019.01.11 2018노2168
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts found the police station in order to help the defendant under the influence of alcohol, and the police officer attempted to get back to the police station and try to drive away from the police station, so it does not constitute obstruction of performance of official duties.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, in the video of the district CCTV of this case, the defendant was able to take the face of the police officer twice while the defendant she was faced with his/her head and faced with him/her with the glass door, and the body was pushed ahead with the expectation of the body, but again, the defendant was released from the police officer as he/she visited the police officer when she was approaching the body outside of the police station and talked with the police officer in an unfriendly atmosphere, and the police officer was removed from him/her. The other police officer mentioned the defendant's hand as aground on the defendant's shoulder, and the defendant was able to recognize the same effect as the police officer's face in the process of checking the CCTV's face by his/her hand.

According to the above facts, the defendant was under the influence of alcohol and assaulted by police officers in the course of performing their duties while staying home from police officers, including the victim, while they were under the influence of alcohol, thereby hindering the legitimate performance of police officers' official duties concerning their duties and maintenance of order in the earth. Therefore, the defendant's assertion of mistake of facts is without merit.

B. The defendant was under the influence of unfair sentencing.

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