logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.04.14 2015노1687
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, without recognizing that G was a police officer, did not have any intention to interfere with the performance of official duties because G assaulted G without recognizing that G was a police officer.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by mistake of facts.

B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

2. Comprehensively taking account of the following circumstances acknowledged in accordance with the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant may sufficiently recognize that the defendant committed assault, such as taking the hand of the police officer, smuggling, and smuggling, with the intent to interfere with the performance of official duties under the recognition that he is a police officer performing duties as stated in the facts constituting the crime in the judgment of the court below.

Therefore, the defendant's assertion of facts is without merit.

0 The victim's statement in the investigation agency as well as the statement in the agreement submitted in the trial of the party is clearly detailed and mutually detailed about the background and content of the assault by the defendant, and the explanation of the situation is reasonable.

At the time of 0, 2 patrols sent a siren, arrived at the scene of the instant assault, and four police officers called out were in uniformed.

0 If a male police officer dispatched to the 0th place his order to stop a defendant who is prone to the disturbance, H, who is the parallel of the nearest defendant, is "dle to a male police officer."

“A victim, who is a female police officer, was put to a defendant by resisting a sound, and during this process, the defendant assaults the victim, and “A person who is a police officer, is blicking to a tax base of a tax base of a tax base of a tax base of a tax base

“The expression “ was made”.

3. Even though the defendant was dispatched to the court after receiving a report and assaulted the police officer who performed legitimate official duties, he/she did not seem to have the attitude of seriously denying the criminal intent until he/she was in the trial.

arrow