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(영문) 서울중앙지방법원 2017.10.27 2017노2072
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The remaining appeal by the defendant is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a mental and physical state under the influence of alcohol at the time of committing this part of the crime.

2) The punishment of the lower court is too heavy.

B. The lower court’s judgment’s relevant punishment is too heavy.

(c)

The lower court’s judgment-related 1) misunderstanding of the facts and misapprehension of the legal doctrine grounded on the ground of appeal. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment.

The facts are examined together with the misunderstanding of legal principles.

A) As to the damage of property, the Defendant still contests this part even after withdrawing the assertion of misunderstanding on facts on the date of the second trial of the trial of the first instance.

Since the defendant's act as stated in this part of the facts charged did not cover a brush, the crime of destroying property is not established.

B) As to the obstruction of the performance of official duties, the Defendant asserted the obstruction of the performance of official duties on the grounds of sentencing, but considering the overall purport thereof, the Defendant appears to have asserted the mistake of facts.

However, the defendant was not a police officer's leading to urban village, but was placed on the floor of the atmosphere where the police officer is streeted from the book that is viewed as his duties, and the police officer's lecture was not supported by the police officer's lecture.

In addition, the act of the police officer in this part of the facts charged is conducted in the process of resisting narcotics investigation by force without any justifiable reason, so it does not constitute a crime of interference with the execution of official duties.

2) The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing this part of the crime.

3) The punishment of the lower court is too heavy.

2. The judgment of the court below in the first, second, and third of the defendant's judgment was rendered, and each of the above judgments was appealed from the defendant.

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