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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant G and F arrested the Defendant as a flagrant offender against the crime of assault, but the above arrest did not meet the requirements for the arrest of the Defendant in the act of assault. The above arrest was illegal arrest that did not comply with the procedures such as notification of the Dac principles and took excessive physical arrest, and the Defendant only went up with his body in the passive resistance process, and did not follow the face part of the police officer F in the driver’s seat, and that he was seated in the driver’s seat. Even if the above arrest was lawful, the above arrest was conducted by using the state of the police officer’s condition, and thus illegal.
B. The Prosecutor’s sentence (ten months of imprisonment, two years of suspended execution, and 120 hours of community service order) of the lower court is too unhued and unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below regarding the defendant's assertion of mistake or misapprehension of legal principles (the defendant asserts that the defendant has no credibility in the statement made in F, D, G's court and investigative agency, which was presented as evidence of guilt by the court below, but his respective statements are consistent and consistent in specific and important parts, and its credibility can be recognized), the following facts may be acknowledged:
(1) Around 23:05 on May 12, 2013, the police officer F and G called “the person who received a parking vehicle, who assaults himself/herself to report” from the situation room during 112 patrols, and called “the person in question runs away from the direction of a daily elementary school.” On the same day, the police officer called “the person in question runs away from the direction of a daily elementary school.” Around 23:08 on the same day, the person in question was called “the person in question,” and “the person in question, who is going to go to the direction of a daily elementary school” from the reporter during the patrol room.
(2) The police officers F and G were under the ground that the Defendant, “D from the daily elementary school,” was trying to flee after the shocking of the vehicle parked in the C Apartment.