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(영문) 대구지방법원 2012.12.27 2012노3472
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of mistake of facts in this case was committed by a police officer when the defendant was at the request of the police officer when the defendant was at the time of getting off the car, resulting in an inevitable injury to the victim. The judgment of the court below which found the defendant guilty of all the facts charged of this case, even though the defendant intentionally inflicted an injury on the victim and did not interfere with the performance of official duties, is erroneous in the misapprehension of facts, which affected the conclusion

B. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state with weak capacity to discern things or make decisions.

C. The sentence of the lower court against the Defendant of unreasonable sentencing (four months of imprisonment) is too unreasonable.

2. Determination

A. We examine the defendant's assertion of mistake of facts, and comprehensively consider the following circumstances acknowledged by the court below, i.e., ① the victim has made a statement consistent with the facts charged in this case relatively consistent at the investigative agency and the court below, ② the victim has no special circumstance to make a false statement, ② the victim has received a diagnosis from the hospital following the occurrence of this case, ② the victim has been in line with the cause or circumstance of the injury alleged by the victim, and there is no circumstance to suspect the credibility of the medical certificate issuance. ③ At the time of the instant case, the victim was within one to two meters from the defendant's car, and the face of the victim was difficult to contact without intentionally display food. In light of the date and place of the judgment of the court below, the fact that the defendant has inflicted an assault on the victim while performing official duties, and there is no other error of law by mistake of facts.

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