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(영문) 의정부지방법원 2014.12.04 2014노2070
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant committed a mistake of facts against the police officer.

B. The judgment of the court below on the imposition of an unreasonable sentencing (three million won of a fine) is too unreasonable.

2. Determination:

A. According to the records on the assertion of mistake of facts, D stated in the court of original judgment that the defendant was able to dump and bump at the police force, and the police officer F also stated in the court of original judgment that the defendant was hump, bump, and bump at the time of her bump. However, F’s statement is relatively consistent and concrete from the investigation agency to the court of original judgment, as well as it seems that the credibility is high by fit D’s statement and substitution with D’s statement, it can be recognized that the defendant committed an assault as stated in the facts charged, such as fump and bump when the police officer was fump and bumped once, and there is no error of mistake of facts

B. Although there is a favorable circumstance in which the victim D made a statement that he did not want the punishment against the defendant in the court below's decision on the assertion of unfair sentencing, the defendant does not reflect the obstruction of performance of official duties among the crimes in this case, the defendant's four-time violence criminal records are committed against the defendant, and the act of assaulting the police officer executing public authority affects the police officer's duties to protect the peace and safety of citizens, and the damage ultimately leads to the general public, and thus, it is necessary to punish the defendant strictly. In addition, in light of all the sentencing conditions indicated in the records in this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the sentence of the court below against the defendant is too unreasonable.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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