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(영문) 서울서부지방법원 2015.12.18 2015노1038
공무집행방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant (1) misunderstanding of facts does not have any assaulted a police officer F's chest by pushing him on his hand as stated in the judgment of the court below.

Nevertheless, the lower court found the Defendant guilty of the charges on the obstruction of the performance of official duties on the sole basis of the F’s statement without credibility, which affected the conclusion of the judgment by misapprehending the facts.

(2) The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of a fine) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. The lower court acknowledged the following circumstances based on the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, namely, ① the police officer F from the investigative agency to the court of the lower court upon receipt of a report from 112 on January 6, 2015 to the court of the lower court, and demanded the Defendant to lower the voice of the Defendant. The Defendant expressed a large desire for the Defendant. While the Defendant was working at the police station, the Defendant, along with the Defendant, demanded the Defendant to leave the police vehicle, and opened the police vehicle’s door, and pushed the chest at one time by hand.

“Along with the fact that the Defendant consistently stated the contents, ② According to the result of the reproduction of the voice recording file in which the situation was recorded at the time, the Defendant was recorded several times to the effect that F was sealed by the Defendant in the course of leaving the police vehicle, ③ the witness G of the lower court, which was attached with the Defendant at the time, opened a door, obstructed the entrance of the door, and stated that the Defendant was sealed by the police officer, thereby blocking the entry of the door, can be found guilty of the facts charged as to the obstruction of the performance of official duties.

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

B. The Defendant denies some of the crimes, even though he/she took a bath and assault against a police officer on lawful execution of official duties, and made his/her mistake.

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