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(영문) 서울중앙지방법원 2013.07.26 2013노1878
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, due to a misunderstanding of facts, was unable to exercise the form of force physically from the beginning of knee and kneoman-mad due to defoliants’s aftermath, and was in feasculous and congested by the 119 first aid workers, and thus, the Defendant was unable to exercise violence against the 119 first aid workers and was taken on CCTV.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the court below based on the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, i.e., (i) the police officers who were dispatched to the site upon reporting 112 at the time confirmed the Defendant’s personal information and contact details of the fire officials C, and sent the Defendant to F Hospital; and (ii) the Defendant stated in the investigation process that the Defendant was the same as that of the Defendant’s her son and her son and her son who had taken the CCTV screen was the same at that time (No. 41 of the Investigation Records

Therefore, the defendant's assertion of mistake is without merit.

B. In full view of the following circumstances: (a) the Defendant had a history of criminal punishment several times by the same power; (b) the sentence of the lower court appears to have been determined by taking into account the Defendant’s circumstances; and (c) the Defendant’s age, character, conduct, circumstances of the crime, means and consequence of the crime; and (d) all other circumstances constituting the sentencing conditions specified in the instant records and arguments, such as the circumstances after the crime, etc., it cannot be deemed that the lower

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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