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(영문) 대구지방법원 2019.01.10 2018노3699
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime of mistake of facts or misapprehension of legal principles, the Defendant did not have any disturbance, such as intending to walk the door on the book, and there is no fact that C did assault C’s fingers by shouldering them.

In relation to the crime of paragraph (2) of the facts charged, the defendant has been spiting the head on the wall and floor, but there is no fact that he intentionally spits the head on the wall and the face of E, or assaulted by intentionally spiting the part of E on the head.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant asserted to the same effect as the lower court, and the lower court rejected the Defendant’s assertion on the following grounds: “The Defendant’s criminal intent and the circumstances supporting the obstruction of performance of official duties” under the title of “the circumstances supporting the Defendant’s criminal intent and the obstruction of official duties.”

In light of the evidence duly adopted and examined by the court below, a thorough examination of the records of this case is just and acceptable, and there is no error of law by misunderstanding facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

Therefore, the defendant's assertion is without merit.

B. The lower court sentenced the above punishment by taking account of the following: (a) the Defendant, who was confined to and lives in a correctional institution, committed a disturbance, such as self-injury in the correctional institution, even though he/she ought to comply well with the correctional officer’s instructions and regulations on the maintenance of safety and order in the correctional institution; (b) the Defendant committed an assault to commit an act of violence; (c) the Defendant has a history of criminal punishment on twelve occasions (three times of imprisonment, three times of suspended execution, three times of fines; and six times of fines); and (d) the prison officer, who was

Unlike others, the fact that there is no change in circumstances to change the sentencing of the court below, and that it can be known through other records and arguments.

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