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(영문) 전주지방법원 2015.08.17 2015노659
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In regard to the mistake of facts or misapprehension of legal principles, the victim's scambling is merely a mere fact that there is no need to treat the victim as a minor and there is no need to treat, and that the defendant's act does not constitute the injury of the crime of injury.

B. The sentence imposed by the lower court (one year and two months) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts is acknowledged based on the evidence duly adopted and investigated by the court below, that is, ① the defendant's cell phone was demoted to the victim at a distance of about 3 meters with the victim and the mobile phone was sold by the victim, ② the victim's cell phone was faced with the defendant's cell phone, ② the victim was diagnosed that there was a considerable pain in his arms, and immediately received medical treatment at the hospital, ③ the victim was diagnosed that there was a need for two-time medical treatment on the right-hand spambry, ③ the victim was prescribed for the treatment of the victim, ④ the victim was a woman, ④ the victim was merely a body that can be treated as a minor wound or naturally cured.

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

B. The Defendant’s confessions on the crime of obstruction of performance of official duties as to the crime of obstruction of performance of official duties and reflects the wrongness, and the Defendant’s deposit of KRW 2 million for the victim is considered favorable to the Defendant.

However, the crime of this case was committed in the police station without any justifiable reason by the defendant, and was committed by the police officer who taken the defendant's action of disturbance with his cell phone and suffered bodily injury. The nature of the crime was poor, the defendant had a record of criminal punishment on 13 occasions due to the crime of violence, and was sentenced three times or more due to the crime of obstruction of performance of official duties.

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