(영문) 서울남부지방법원 2018.06.01 2017노586

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(영문) 서울남부지방법원 2018.06.01 2017노586

공무집행방해

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding, misunderstanding of legal principles, and mental and physical disorder (defendants) do not have any fact that the Defendant pushed the shoulder or assaulted C by a police officer C (misunderstanding of facts), and the police officer attempted to forced him to go into the house, thereby making a legitimate resistance (misunderstanding of legal principles). Although the Defendant did not specifically express his/her assertion of misunderstanding of legal principles, he/she should be tried to determine by misapprehending the above statement on the first trial date at the trial date of the Defendant’s first trial.

B. The punishment of the lower court (two million won) is too heavy or (the Defendant) and it is frightened to the examination.

2. Determination

A. We examine the judgment of misunderstanding of facts and legal principles. The following circumstances acknowledged by the court below comprehensively based on the evidence duly adopted and investigated by the court below, namely, ① Police Officers C, who was dispatched at the time, consistently made a statement to the effect that “the Defendant was satisfing the Defendant’s shoulder and satisfing the left chest” from the police to the court of the court below, and ② Police Officers D also made a statement in compliance with the police officer’s above statement in the court of the court of the court below and supported it. In light of all circumstances, the Defendant’s act can be recognized as a fact that the Defendant was satfing the Defendant’s shoulder and satisfing the Defendant’s chest, including the motive for the Defendant to assault the police officer C, and the situation before, after, after, after, after, after, after, after, and after, the instant crime, the Defendant’s act was an active defense act beyond the limit of passive defense, has the nature of such act as an attack, lack of means and method, and lack of protection and profit, thereby not constituting a political party.

Therefore, the defendant's mistake of facts and misapprehension of legal principles are without merit.

B. On the assertion of mental disorder

유사 판례

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