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(영문) 제주지방법원 2014.07.17 2014노222
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant committed a mistake of facts against the police officer.

The judgment of the court below which found the Defendant guilty of the facts charged by the police officers alone is erroneous in the misapprehension of the rules of evidence.

B. The Defendant was in a state of mental disability at the time of committing the instant crime.

C. The lower court’s sentence of unreasonable sentencing (fine 4 million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, namely, ① each statement of E and F, a police officer, complies with one another, and it appears that they have no reason to make a false statement. The credibility of each statement of E and F is found to exist. ② The Defendant alleged in the trial that he/she was not aware of E from the police to the court below, but only made a statement from the police to the court below to the fact that he/she was unable to memory after boarding the patrol or that he/she was not aware that he/she was a police officer. In full view of the following circumstances, the facts can be acknowledged when he/she took a bath about E while the Defendant was on board the patrol while he/she was on board the patrol.

The lower court was justifiable to have convicted of the facts charged of the instant case.

B. According to the record as to the claim of mental disability, it cannot be deemed that the defendant lacks the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case, in light of various circumstances, such as the circumstance, means, the behavior of the defendant before and after the crime of this case, and the fact that the defendant makes a statement to some extent of memory of the crime of this case.

C. Regarding the assertion of unfair sentencing, the defendant has a record of punishment for the same kind of crime, and the defendant's age, character and conduct, family environment, and the crime of this case.

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