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(영문) 청주지방법원 2019.09.27 2018노1129
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not interfere with the performance of official duties by assaulting a police officer, such as the instant facts charged.

Nevertheless, the court below sentenced the defendant guilty, and there is an error of misunderstanding the fact and affecting the conclusion of the judgment.

B. Of the sentencing division, the sentence imposed by the court below (two years of imprisonment with prison labor, two years of probation for October, and one hundred and sixty hours of community service order) is too unreasonable.

2. The following circumstances acknowledged by evidence duly adopted and investigated the assertion of mistake of facts: ① Police Officer E has made a statement from the investigative agency to the court of original trial that “I continued to see the Defendant as to the charge of violating the method of passage by crossing the Defendant on the day of the instant case; Defendant’s attitude was flicker and 2 or 3 times in the direction of entering the two-lane, and Defendant was arrested as an offender in the act of obstructing performance of official duties; ② Defendant’s statement from the investigative agency on the road of the instant case to the court of original trial; ② Defendant’s statement on the road of the lower court and the police officer’s statement to the effect that “I am in a way similar to the police officer’s statement to the police officer’s testimony that is similar to the police officer’s statement to the police officer’s flicker in the direction of one-lane, and that I am in line with the latter’s appearance.”

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