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(영문) 대구지방법원 2017.11.03 2017노3787
공용물건손상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case, the Defendant did not assault the police officer with regard to obstructing the performance of official duties.

However, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. At the time of the instant crime, the Defendant, at the time of the instant crime, was mentally and physically in a state of mental and physical loss or weak ability to discern things or make decisions, under the influence of alcohol such as stroke, etc.

(c)

The punishment sentenced by the court below to the defendant (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts: (i) D, a police officer, has consistently stated the Defendant’s assault facts; (ii) the statement is false or false or the credibility of the statement does not appear to have been rejected; (iii) the statement of the taxi engineer E, who appeared to have appeared to commit the crime of assault, corresponds to this; and (iv) the Defendant was not memory of the assault facts at the time of investigation by the investigative agency

There is a fact that a police officer resisted with the defect that he / she gets off from a taxi.

In full view of the fact that it is difficult to believe that the defendant's statement was made to the effect that he did not memory again, it can be recognized that the defendant committed assault against the police officer's blick belt in the course of performing his duties.

Therefore, it is just that the court below found the defendant guilty of this part of the facts charged, and there is an error of law by misunderstanding facts as alleged by the defendant.

Therefore, the defendant's above assertion is without merit.

B. According to the record of determination as to the assertion of mental and physical weakness, the Defendant uses the medicine on mental illness at the time of each of the instant crimes.

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