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(영문) 대구지방법원 2017.06.29 2016노5269
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was a fact that a police officer falbbbbbling and falculing the fal, the lower court found him guilty of the facts charged of this case, despite the fact that the police officer did not pushed the police officer, and did not go beyond the police officer, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (2,000,000 won) is too unreasonable.

2. Determination

A. 1) The lower court also asserted the same purport as the grounds for appeal.

In full view of the evidence duly admitted and examined by the court below, the court below acknowledged the following facts: (a) the police officer presented a warrant of arrest to the Defendant’s wife and presented his identification card to the police officer; (b) the police officer’s wife failed to comply with the warrant; and (c) the police officer’s cell phone of the police officer who took the process of executing the warrant; (d) the Defendant’s wife attempted to cut off his cell phone of the police officer who took the process of executing the warrant; and (e) the Defendant’s wife’s wife’s cell phone while trying to cut off the police officer’s cell phone; and (e) the circumstances leading up to C’s removal of the Defendant; and (e) the Defendant obstructed the police officer’s legitimate execution of the warrant of arrest; and (e) the Defendant

2) The following circumstances acknowledged by the evidence duly adopted and examined by the lower court based on the party’s judgment, namely, ① the police officers have arrested the Defendant’s wife by showing identification card and arrest warrant against the Defendant’s wife.

In the process of performing official duties, such as notification prior to death, the defendant was in the process of performing official duties. ② At the investigation stage, the defendant's wife gets a cell phone of a police officer and booms the cellular phone of a police officer, and the other police officers prevented him from doing so.

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