(영문) 대전지방법원 2016.04.14 2015노2854 | 리걸엔진

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(영문) 대전지방법원 2016.04.14 2015노2854

공무집행방해

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 was under the influence of alcohol while the Defendant was under the influence of alcohol, and was merely a person with the police officer’s hand, and there was no intention to commit the crime.

In addition, only when one police officer did not disclose his identity to the defendant in advance, he knew that the other party who the defendant abused was a police officer.

Therefore, it cannot be applied to the defendant's act of obstructing the performance of official duties, and only the crime of assault can be applied.

2) The punishment sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unfasible and unfair.

2. The lower court’s determination on the Defendant’s assertion of mistake of facts is based on the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, ① the Defendant was working as a police officer for about 30 years and retired around 2008; ② the police officer in uniform, who was seated at the time of the instant case, was asked about the Defendant’s personal information to meet the Defendant’s snow height; thus, the Defendant could have sufficiently known that the principal person was a police officer in uniform (33 pages of evidence record), and ③ at the time of the police investigation on May 24, 2015, the Defendant was aware of the fact that the reported person was having been working as a police officer for about 30 years, and that “the name must be known” was “the name should be known.

The face of police officers was too close and the face is protruding, and the sponsed the spons of police officers with the hand floor to the extent that the spons of police officers are contacted.

The police officer was wearing a uniform.

In light of the fact that the Defendant stated to the effect that it was “,” the Defendant had the intent to assault the other party, and the Defendant.

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