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(영문) 서울서부지방법원 2013.05.23 2013노360
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

The defendant claiming a misunderstanding of the gist of the grounds for appeal (the factual error and inappropriate sentencing) did not inflict an injury on K in the course of drinking and sprinking the face, etc. of K on the street store operated by K, and did not inflict an injury on K in the course of drinking and sprinking it, the defendant did not inflict an injury upon the victim M by taking the victim M by taking the sprinks and sprinks from the sprinks of the victim M by taking the sprinks and sprinks, and there was no injury by taking the victim M by taking the sprinks and sprinks, and there was no injury on the victim C and K by the victim's house

The sentence of imprisonment (two months of imprisonment and one year and two months of imprisonment) declared by the court below on the ground of unfair sentencing is unreasonable.

Judgment

According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, it is difficult to view that the statements of K,O, andY present as a witness of the court below were made by false statements because each of the statements of K, K, andY was very specific and spatially and not experienced in fact. Since the police investigation and the police investigation conducted the process of assault, intimidation, property damage, and obstruction of business by the defendant and the defendant, and each witness's statement in detail and consistent with the process of violence, intimidation, damage to property, and obstruction of business are found to have any special contradiction between statements in investigation agencies and court, and it is deemed that such credibility is sufficient. The victim also cannot be deemed to have made a false statement by relatively specifying the process of threatening himself and intrusion upon his dwelling, and considering that the statements in investigation agencies of V and X are consistent with each of the facts charged of this case, the defendant's assertion of mistake of facts is without merit.

The decision on the argument of unfair sentencing is examined, and the defendant is punished by a fine on several occasions for the same crime.

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