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(영문) 인천지방법원 2017.10.26 2017노3110
공무집행방해등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. On April 27, 2017, the lower court rendered a judgment of innocence regarding the charge of assaulting the victim C on April 27, 2017 among the facts charged in the instant case, and on April 27, 2017, rendered a judgment of dismissal of the public prosecution regarding the assaulting the victim D, the rest of the assault, obstruction of duties, and obstruction of performance of official duties, and the Defendant appealed only for the convicted part, and the prosecutor appealed only for the acquitted part and the convicted part.

Therefore, since the dismissal part of the judgment of the court below against which the prosecutor and the defendant did not appeal is finalized, it is limited to the guilty part and the acquittal part of the judgment below.

2. Summary of reasons for appeal;

A. The sentence of the Defendant (unfair sentencing) sentenced by the lower court (eight months) is too unreasonable.

B. Prosecutor 1) Fact-finding misunderstanding (the part concerning assault against C on April 27, 2017) and witness D consistently state that C was at the time of investigation from the investigative stage to the court below’s decision, and thus, the Defendant has consistently stated C’s face at his/her hand and at the time of three times. Thus, it is sufficiently recognized that the Defendant used to assault C.

Nevertheless, the court below rendered a not guilty verdict on this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

3. Determination as to the prosecutor's assertion of mistake of facts

A. Around April 27, 2017, the summary of this part of the facts charged (the part of assault against C on April 27, 2017) the Defendant assaulted C(51) of this part of this case’s face at least three times with her son’s son’s hand while taking a dispute with frighting due to D residing in the foregoing house (the age of 57) from the front stairs of 102 Lincheon City Lincheon-si Lin (the age of 10:40 on April 27, 2017) at D (the age of 57) and a chemical part.

B. The lower court’s judgment: (a) The Defendant made a confession of all other facts constituting a crime prosecuted by the Defendant; and (b) the investigation agency on this part of the facts charged.

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