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(영문) 서울중앙지방법원 2014.08.13 2014노1087
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was a fact that the defendant made a 112 report at the time of the instant case, there was no assault against the police officer.

B. The sentencing of the first instance court on the unfair sentencing (the fine of 1.2 million won) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the Defendant’s assertion of mistake of facts is not accepted, on the ground that, at the date and place of the first instance court’s ruling, at the same time and place, the Defendant took a bath about the police officer D who was performing public duties concerning public security, such as handling 112 reports as stated in its reasoning, and sufficiently recognizes the facts of assault, such as her hand and her her her bum, walking her b

B. In full view of the circumstances leading up to the Defendant’s assertion of unfair sentencing, the content of the instant crime and the form of the act, and the Defendant’s criminal records of the same kind on several occasions; however, the Defendant also committed the instant case and does not seem to have any particular self-sufficiency, and other various circumstances that form the conditions of sentencing on the records, such as the Defendant’s age, character and conduct, environment, and family relationship, the sentencing of the first instance court against the Defendant is too unreasonable, and therefore, the Defendant’s assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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