logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.05.27 2019노1400
공무집행방해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles did not see the police officers called at the time of the instant case, or did not see or sculp with flaps, and the police officers’ arbitrary access to the Defendant’s residence is not a lawful official duty execution. Nevertheless, the lower court’s judgment convicting the Defendant of the instant facts charged was erroneous or misunderstanding of legal principles, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unfair sentencing (two months of imprisonment and two years of suspended sentence

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Judgment on the misconception of facts and misapprehension of legal principles by the defendant

A. Determination 1 on the argument that police officers did not assault the judgment of the court below) The defendant argued to the same purport as the above grounds for appeal. The court below rejected the appeal and found the defendant guilty of the facts charged in this case by taking into account the circumstances as stated in the “determination on the defendant and his defense counsel’s assertion” part. 2) In addition to the following circumstances, the court below’s reasoning acknowledged by the evidence duly adopted and investigated by the court below, it is justified to determine the above judgment of the court below, and it does not seem to have any error of law that affected the conclusion of the judgment by misunderstanding the facts,

① The Defendant asserted that all testimony of police officers E is different from facts in relation to the whole process from the time the police officer called up to go to the police station on the day of the instant case. However, upon examining the Defendant’s testimony in the court of the original instance in the Defendant’s mother C’s trial, the part on the fact that the Defendant did not assault the police officer as stated in the facts charged was identical with the Defendant’s defense, but other police officers used additional assault of the Defendant.

On the other hand, it is rather related to the question of whether it was hard to carry or lock.

arrow