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(영문) 인천지방법원 2015.10.06 2015노2108
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was a misunderstanding of the fact that the defendant expressed a desire to the police officer, the court below convicted the defendant by misunderstanding of the fact, although there was no threat or assault by the police officer.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment, one year of suspended execution, one year of community service, 40 hours) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, the victim police officer, who tried to take her hand from the police to the court of the court below, consistently stated that the defendant was acting to catch her left part and catch her chest part; the defendant directly observed her arms before she was locked from the police officer; the defendant directly observed Ha's her face her f and her face; the defendant was her her chest, and the defendant was her chest's her chest. However, as the police officer reported 112 to the police and sent her her chest, the defendant's assertion that the defendant and the police officer's her chest and her chest part of her chest part could not be accepted in light of the following circumstances: the defendant's her own chest and her her chest part were her chest, and the defendant's her chest and her her chest part were her mother, and the defendant's assertion that the defendant's her chest's her chest and her her mother part cannot be accepted.

B. The instant case of unfair sentencing is a case of threatening a police officer in the course of performing official duties after receiving a report on 112 and threatening the police officer, and the nature of the offense is not good. Although the Defendant had been punished several times due to violent crimes, the Defendant again led to the instant crime. In addition, the Defendant’s age, character and conduct, and motive for the instant crime.

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