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(영문) 서울남부지방법원 2020.07.21 2019노1006
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There was no interference with the performance of official duties by assaulting police officers in mistake of facts, and the summary of the suspected fact, reasons for arrest, and the right to appoint defense counsel was not notified in the course of arrest.

B. The court below's decision on unreasonable sentencing: 8 months of imprisonment, 1 year of suspended execution, and 80 hours of community service order

2. Determination

A. According to the evidence duly adopted and examined by the court below on the assertion of mistake of facts, the defendant assaulted the victimized police officers as stated in the facts constituting the crime in the judgment below and obstructed their official duties. Accordingly, as a result, the defendant was arrested to one of the victimized police officers, the summary of the suspected crime, reasons for arrest, and the fact that the defendant was notified of the right to appoint a defense counsel is recognized. Thus, the above

Even if the defendant was not notified of the above contents in the course of arrest, it is only an circumstance after the establishment of the defendant's crime. Thus, it does not affect whether the defendant was guilty or not.

B. In full view of the following circumstances, the lower court’s sentencing did not seem to have exceeded the reasonable scope of discretion, and there is no change in sentencing conditions to deem that maintaining the sentencing of the lower court is unreasonable, and thus, the sentence of the lower court is too unreasonable. In so doing, it cannot be deemed that the sentence of the lower court is too unreasonable, on the grounds that the lower court did not change in sentencing conditions to deem that it is unreasonable to maintain the sentencing of the lower court as it is is unreasonable.

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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