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(영문) 수원지방법원 2016.06.10 2015노5582
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding: The Defendant taken the F Racing form of the F Racing that was called up with a Handphone upon receiving a report at the time and place stated in the facts charged, but there was no assault against the F Racing. Therefore, the lower court erred by misapprehending the legal doctrine that recognized the crime of obstructing the execution of official duties against the Defendant, thereby adversely affecting the conclusion of the judgment.

B. misunderstanding of legal principles: The judgment of the court below that recognized the crime of obstructing the execution of official duties was erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment, since the defendant assaulted the F police officer in the process of passive resistance against the defendant's legitimate Handphone photographing by the F police officer.

(c)

Sentencing : The sentence of the lower court (6 months of imprisonment and one year of suspended sentence) is too unreasonable even if the crime of interference with the execution of official duties is established.

2. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant can be found to have committed a single-time part of the left elbow part of the F elbow in the date and place stated in the facts charged. Thus, the defendant's assertion of mistake of facts is without merit.

3. According to the evidence duly adopted and examined by the lower court regarding the assertion of misapprehension of the legal doctrine, the fact that the Defendant assaulted the F Racing on the ground that the F Racing was at the time stated in the facts charged, after receiving a report from 112 that the Defendant and the F Racing were engaging in a dispute with the driver on behalf of the Defendant at the time indicated in the facts charged, and confirmed the background thereof. The Defendant started to photograph the F Racing at a location close to the face of the F Racing, and that the F Racing demanded to keep the cellular phone on the ground that it was cut off due to the aforementioned mobile phone.

In light of the details of the dispatch of the F Racing, which was revealed in the above facts of recognition, and the subsequent measures, the F Racing's performance of official duties is legitimate and turn on.

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