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(영문) 의정부지방법원 2013.07.18 2013노485
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who is a police officer, has not expressed a desire to the victim or committed a crime against the victim.

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

2. Determination:

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the statement of the victim E, a police officer dispatched to the scene after receiving a report of the assault case, corresponds to the facts charged, and even according to the photograph taken by the victim at the time, the victim's appearance appears to be sprinked in the retail and wood part of the victim's body, and the witness's statement to the effect that "the witness's statement was "the defendant expressed a desire to the police officer dispatched by the defendant and spulthing him/her," and the witness's statement to the effect that "the defendant saw him/her to the police officer dispatched by the defendant" can be sufficiently recognized as having committed an obstruction of the performance of official duties by committing assaulting the victim as shown in the facts charged.

Therefore, the defendant's assertion of mistake is without merit.

B. In light of the circumstances such as the fact that the defendant has a majority of the criminal records of the judgment on the assertion of unfair sentencing, that the defendant has committed violence against the police officer who properly performed official duties, and the nature of the crime is poor, that the police officer’s desire and violence was used, that the police officer’s light of public authority, and that the defendant still denies the criminal facts and does not repent his mistake, and that the defendant does not repent his mistake, the court below’s punishment against the defendant is not unfair, in light of all the conditions of sentencing, including the motive leading up to the crime of this case, the defendant’s age, occupation, character and behavior, family environment, and the circumstances after the crime. Therefore, this part of the defendant’s assertion is rejected.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so ordered as per Disposition.

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