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(영문) 의정부지방법원 2021.01.28 2020노503
공무집행방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misunderstanding the facts as follows, which affected the conclusion of the judgment.

A) In relation to intimidation, the Defendant: (a) even though there is a support from the victim C’s house to walk with his/her belief, it does not intend to threaten the victim C; and (b) there is no fact that the Defendant told C to “be dead.”

B) In relation to interference with the performance of official duties, the Defendant “C” to police officers E.

There is no fact that the body of E is called "the death of the deceased", and there is no fact that the body of E is a string of the bridge or by hand.

2) The punishment sentenced by the lower court (an amount of four million won) is too unreasonable.

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

2. Judgment on the Defendant’s assertion of mistake of facts

A. Summary of the facts charged in this case

1. On April 26, 2019, at around 16:00, the Defendant filed a civil suit against the victim’s wife on the ground that the victim’s wife was at a private teaching institute operated by the victim’s wife and was subject to unfair dismissal, and thus, the victim’s wife, labor supervisor, and labor company is undergoing a lawsuit disadvantageous to them in a civil lawsuit against each other.

Around three times with the Si's expense, "to die the victim," and the victim of the vehicle was threatened by walking with a new launch.

2. The Defendant, at around 16:10 on April 26, 2019, heard the phrase “the Defendant may refuse to leave” from the police officer E belonging to the Namyang-ju Police Station D police station, who called out after receiving 112 a 112 report, while taking a permanent bath.

The term "the death of the deceased" refers to "the body of the E", and as a result, the E's bridge was cut off and the body was pushed down by hand.

As above, Defendant assaulted a police officer to interfere with the police officer’s legitimate performance of duties concerning the handling of 112 reports.

(b).

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