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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2014.05.30 2013노1871
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault D as stated in the facts charged, such as misunderstanding of facts and misunderstanding of legal principles, and even if so, assaulted D.

Even if a taxi engineer was arrested as an offender in the crime of insult, it is an assault that was committed in accordance with the U.S. Principle at the time of arrest, and that was committed in an effort to resist it, so it cannot be punished as obstruction of performance of official duties

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the original court and the original court, such as the misunderstanding of facts and misapprehension of legal principles, witness D, E, and F’s statement at the original court and the original court and the original court, D’s photograph, etc., as stated in the facts charged in the instant case, it can be recognized that the Defendant used a police officer D, who was a lawful official duty, and that he was notified of the fact according to the U.S. Principle (the summary of the facts charged, the reason for arrest, and the opportunity for defense) at the time when the Defendant was arrested as an offender in the act of committing an offense. Thus, this part of the

(피고인은 경찰관 D를 폭행한 사실이 없다고 주장하나, 경찰관 D의 당시 왼쪽 얼굴 부위가 벌겋게 부어있는 사진, E, F의 수사기관 및 법정에서의 진술 등에 비추어 피고인은 D를 공소사실 기재와 같이 폭행한 것으로 보이며, 피고인은 수사기관에서부터 정식재판청구를 할 무렵까지 택시기사 E에게 욕설을 한 사실이 없다고 주장하였으나, 원심법정에 이르러서 욕설을 한 사실을 인정하는 등 그 진술에 일관성이 없어 신빙하기 어렵다). 나.

It is the defendant's good condition that the defendant does not have a criminal record on the argument of unfair sentencing.

However, the defendant did not seem to have an attitude against him while denying his crime, and the first summary order of KRW 5 million was notified.

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