beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant alleged a mistake of facts: (a) although having a knife with respect to the obstruction of performance of official duties, there was a fact that he had a police box, but did not threaten police officers; (b) there was no desire for police officers as to the insult; and (c) the lower court found the Defendant guilty of each of the charges of this case even though he did not receive notice of the doctrine when he was arrested as a flagrant offender, there was an error of misunderstanding of facts.
B. Even if the allegation of unfair sentencing is found guilty, the lower court’s punishment (fine 3.5 million won) is too unreasonable.
2. Determination
A. First of all, according to the evidence duly adopted and examined by the court below as to the obstruction of performance of official duties, namely, the witness E’s legal statement, the protocol of seizure (field), the list of seizure, and each investigation report, etc., as to the allegation of mistake of facts, the defendant can sufficiently recognize the fact that the defendant had a knife and the knife at the date and time stated in the facts charged, thereby threatening E to interfere with
Next, according to the evidence duly adopted and examined by the court below as to the insult, i.e., witness G, and I’s each legal statement in the court below, accusation, etc., the defendant may fully recognize the facts of insult by referring I to the time and place stated in the facts charged to the guard I several times.
In addition, G, the principal owner of H singing point, stated in the court of original instance that police officers did not inform the Defendant of the doctrine at the time of arrest of flagrant offenders at the time of the arrest of flagrant offenders, but on the other hand, there are consistently statements that ① police officers arresting flagrant offenders, consistently stated in the court of original instance that police officers informed the Defendant of the doctrine at the time of arrest of flagrant offenders, ② arrest of flagrant offenders, ② comply with the doctrine, and ③ the Defendant also stated in the arrest of flagrant offenders.