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(영문) 서울서부지방법원 2016.09.29 2016노908
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding of the facts, did not want police officers at the time of the instant case, and found the Defendant guilty of the instant facts charged on the ground that the lower court did not err by misapprehending the facts.

B. The sentence of the lower court’s unfair sentencing (two years of suspended sentence for six months of imprisonment, and eight hours of community service order) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the facts that police officers G and H were dispatched to the above site upon receiving the 112 report that she damaged the exhausters of “E” store located in Eunpyeong-gu Seoul Metropolitan Government, and that G and H were on the said site.

The facts of questioning the J and his first instance court as to whether the Defendant sent a stack to the police officer, etc., the J and the Defendant, and the joint Defendant A et al. of the lower court alleged that the police officer treated the J as a criminal. During this process, A may recognize the fact that the police officer expressed “I swear to the police officer that “I will friende, die the bitch bitch bitch, I will die, how I die her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s

Therefore, the defendant's assertion of facts is without merit.

B. It is recognized that the defendant has no same criminal history, and the degree of assault is not much serious.

However, in the instant case, considering the following factors, such as the Defendant’s assaulting the police officer to obstruct the legitimate performance of official duties, and the nature of the offense is bad, the Defendant’s attitude against the Defendant appears to be insufficient, and the Defendant’s age, sexual conduct, environment, the circumstances and result of the instant crime, etc., the lower court’s punishment is too unreasonable, and thus, is deemed unfair.

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