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(영문) 의정부지방법원 2020.11.05 2019노2789
공용물건손상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the crime of assault, the Defendant: (1) had no intention to commit assault against the victim B; (2) with respect to obstruction of the performance of official duties and damage to public goods, the Defendant arrested the Defendant as a flagrant offender in the absence of risk of escape by deeming the Defendant to go to the police box; and (2) in the process, the Defendant did not properly notify the Defendant of the doctrine of Disturbance; (3) it constitutes an unlawful performance of official duties; and (4) it constitutes a legitimate act for the Defendant to exercise part of his force;

Nevertheless, the lower court erred by misapprehending the legal principles regarding the facts charged in the instant case.

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

2. Determination

A. As to the assertion of mistake of facts, the Defendant asserted the same purport in the lower court.

In full view of the circumstances in the judgment below, the court below acknowledged the defendant's act of assaulting the victim B and the intent of assault, and recognized the defendant's lawful exercise of force on the police officer's legitimate execution of official duties, and recognized the fact that the defendant was damaged to the extent of repairing patrol cars, which are public goods, during the process of setting up against lawful arrest by the police officer, and rejected the defendant's assertion on the lawful act

In light of the evidence duly adopted and examined by the court below, the fact-finding and judgment of the court below are justified, and there is no error as to the grounds for appeal.

Defendant’s assertion of mistake is not accepted.

B. As to the assertion on unfair sentencing, the Defendant assaulted the victim B, obstructed the performance of official duties by exercising force against the police officers dispatched after receiving 112 reports, and thereby damaged public goods in the process.

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