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(영문) 인천지방법원 2013.11.22 2013노2676
공무집행방해
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal is erroneous by misapprehending the fact that the lower court recognized that the Defendant interfered with the performance of official duties by assaulting the police officer as stated in the facts charged in the instant case, and thereby adversely affecting the conclusion of the judgment.

Even if the defendant can be found guilty, the punishment imposed by the court below (the fine of three million won) is too unreasonable in light of the overall circumstances of this case.

2. Judgment on the assertion of mistake of facts

A. On June 27, 2012, the Defendant, at around 16:53, informed D that “The Defendant was suffering from the police inspection,” while driving a chip loan on the 2-dong, Nam-gu, Incheon, Nam-gu, Incheon.”

On June 27, 2012, at around 17:25, the Defendant: (a) reported that D was arrested by G from a police officer who belongs to the Incheon Southern Police Station Fmba, and that D was driven by the Defendant; and (b) subsequently, the Defendant committed assault against the police officer by saying, “I want to get off the police officer as soon as possible, cut off the police officer as soon as possible, and why I would see any wrong person.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the police officer's arrest duty.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the adopted evidence.

C. The Defendant consistently asserted that there was no physical contact with police officers G at the date, time, and place indicated in the facts charged of the instant case from the investigative agency to the trial court, and denies the crime.

First of all, the statement made by the witness H in the original trial court is that the contents of G and I talk to the effect that he saw part of the defendant I's taxi vehicle and pushed off I's taxi vehicle and pushed off G, and the statement made by the non-defendants with the content of the statement made by the non-defendants. G and I are the statements made by the non-defendants.

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