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(영문) 대전지방법원 2017.06.15 2017노123
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

Of the Defendant’s act indicated in the facts charged of this case as to the summary of the grounds for appeal, there was a fact that, among the Defendant’s act, the Defendant gets the arms of the police officer E, and the police officers D who want to board the police officer knife his body with the shoulder, prevents the Defendant from opening the door of the police knife by putting the front door of the police knife. However, the lower court found the Defendant guilty of all the charges of this case, even though there was no fact that the Defendant knife knife knife knife knife knife and knife knife knife knife knife knife knife knife,

The punishment sentenced by the court below which is unfair in sentencing (five million won in penalty) is too unreasonable.

Judgment

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of mistake, namely, E and D, the victimized police officer stated at the investigative agency to the effect that the Defendant committed an act identical to the facts charged in this case; the Defendant appeared on the second public trial day of the court below; the Defendant stated that all the facts charged in this case is recognized; according to the police black image (Evidence No. 47 pages) of the police vehicle (Evidence No. 47 of the evidence), it is confirmed that the Defendant was deprived of E and moved from the police vehicle to the chief public lighting; and that the Defendant was able to recognize the fact that the Defendant obstructed the police officer’s legitimate performance of duties as stated in the facts charged in this case. Thus, the judgment of the court below is just, and the Defendant’s assertion of mistake is without merit.

Although the defendant is deemed to be a principal offender, the defendant's crime of this case is highly likely to be committed in light of the contents and circumstances of the crime, and the defendant's denial of some of the crimes not recorded in the black box among the crimes of this case in the trial of the party, and the defendant's age and gender are committed.

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