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(영문) 광주지방법원 2014.12.24 2014노2775
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not assault the victim of mistake of facts. 2) The lower court’s sentence of unreasonable sentencing (one month of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the Defendant’s assertion of mistake of facts, the victim consistently made a statement from the investigative agency to the court of the court below to the purport that it corresponds to the facts charged in the obstruction of the performance of official duties of this case, and the contents of the statement are specific and consistent, as well as the contents of the statement made by G investigation agency, a police officer dispatched along with the Defendant’s pilot D and the victim, a witness of the Defendant’s behavior at the time of this case, and there is credibility, it can be sufficiently recognized that the Defendant interfered with the victim’s lawful

Therefore, the judgment of the court below that recognized the crime of obstruction of performance of official duties is just and there is no error of misconception of facts, and the above assertion is without merit

B. The fact that the Defendant and the prosecutor did not focus on the degree of interference with the execution of official duties, etc. is favorable.

On the other hand, the fact that the defendant denies and does not reflect the crime until this court, many of the defendants have been convicted of violence, and in particular, on April 19, 2013, a suspended sentence of four months was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, etc.) and committed the crime in this case during the suspended sentence period, and that the defendant did not agree with the victim is disadvantageous.

In addition, comprehensively taking account of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is too heavy.

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