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(영문) 부산고등법원 2021.01.28 2020노540
공무집행방해등
Text

The defendant's appeal is dismissed.

The judgment below

Article 276(1) of the Criminal Code (the point of confinement, ...) of the 6 and 7th page of the 8th page.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that (i) 2020 high 37 criminal facts as stated in the judgment of the original High Court are threatening the victim as if he/she was, or the toy, etc. was threatened with the victim.

Sheshe did not assault the victim of the crime of 2020 Gohap 90 as stated in the judgment of the court below due to the distribution, aggravation, etc.

Article 20 of the Judgment of the Court in 2020 Gohap 97 of the Judgment of the Court in 2020 only puts an empty her part of the crime, did not contact the victim, and did not assault the victim.

In addition, there is no fact that the victimized child was abusedly or abused the victimized child.

Applicant 20 Gohap 277, 2020, 277, which was decided in the original judgment, was recognized as assault on December 29, 2019, but there was no other act in this part of the decision of the original court.

B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In the lower court’s determination as to the assertion of mistake of facts, the Defendant asserted the same purport as the grounds for appeal in this part, and the lower court rejected all of the aforementioned arguments by clearly explaining the “determination as to the assertion of the Defendant and the defense counsel” on the page 8 through 14 of the lower judgment.

The judgment below

Examining the reasoning of the judgment below in comparison with the evidence duly adopted and examined, the above judgment of the court below is just and acceptable, and there is a error as alleged by the defendant.

subsection (b) of this section.

Therefore, each part of the defendant's argument is without merit.

B. The Defendant, while carrying out marriage with the victim, committed the crime of assault and special assault against the victim several times, committed the crime of damage to property, confinement, and special intimidation. Upon receiving a report from the victim, the Defendant expressed the victim’s desire and exercised the violence against the police officers dispatched.

(a) h.

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