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(영문) 수원지방법원 2019.01.10 2018노3393
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The police officers of mistake of facts and misapprehension of legal principles merely informed the defendant of the facts constituting an offense at the time of arresting the defendant as an offender in the act of committing an offense, but did not properly notify the right to remain silent and the right to appoint a defense counsel. Thus, it cannot be viewed

In addition, in the course of resisting against the patrol vehicle, the defendant did not have the intention of assault because he had the face of a police officer with knenee.

Nevertheless, the court below erred by misapprehending the legal principles as to legitimate performance of official duties and thereby adversely affecting the conclusion of the judgment.

B. Under the influence of alcohol at the time, the Defendant was in a state that, under the influence of alcohol, there was no or weak ability to discern things or make decisions.

C. The sentence of an unreasonable sentencing (7 million won of fine) by the lower court is too unreasonable.

2. Determination

A. 1) Determination of mistake of facts and misapprehension of legal principles as to the argument of mistake of facts in the original instance, the defendant argued the same as the reasons for appeal in this part, and the lower court rejected the argument in detail in the application column of statutes, and compared with the above judgment of the lower court, the judgment of the lower court is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant, and there is no error in the misapprehension of legal principles, as otherwise alleged by the defendant. 2) The following circumstances, which can be known through the evidence duly investigated and adopted by the lower court, i.e., the statement that ① police officers might take a bath at the house and take a fright of the defendant's arms, and that the defendant's arrest was made more seriously resistance to the police officers every time.

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