(영문) 수원지방법원 2014.02.06 2013노5399 | 리걸엔진

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(영문) 수원지방법원 2014.02.06 2013노5399

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Grounds for appeal;

A. misunderstanding of facts: The defendant did not use the shoulder of the police officer and assault him; Provided, That in a situation where the corridor cannot be seen properly due to its very very poor, the defendant's house door was not opened and the police officer's resistanceed to the lock and resistanceed, but did not assault the police officer with his intent to interfere with the execution of official duties.

B. Unreasonable sentencing: The sentencing of the lower court (the fine of 1.5 million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the court below adopted and examined the following: (i) the defendant sent to the scene where the police uniformed by the report of neighboring residents, such as the opening of his house Dora 322 to open the door, and (ii) when E and F sent to the site, the defendant requested that "the house Doctrine be set off because the house was set off," while under the influence of alcohol before DB, "on the house Doctrine 322"; (iii) E and F arrived at the front of D lending 322; and (iv) when the defendant confirmed that F was f was flicking, and called to the key enterprise, the defendant h's desire, and "the police should fl't have the right side of E with his hand, fl's face, and fl't have the face at the site, and the fact that the defendant exceeded the obstruction of the execution of the execution of his duties.

According to the above facts of recognition, the defendant was already aware that he was a police officer dispatched after receiving 112 report by E, and he committed an assault against E. Thus, the facts charged of this case that the defendant interfered with the performance of official duties by assaulting E, a police officer, is found guilty.

B. The defendant does not reflect the defendant's judgment on the argument of unfair sentencing, even though he had the same and similar criminal records.

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