(영문) 서울중앙지방법원 2017.08.25 2017노2004

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(영문) 서울중앙지방법원 2017.08.25 2017노2004

공무집행방해등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendant alleged to be true (Defendant) did not interfere with his legitimate performance of official duties by assaulting the police officer F, as stated in the first instance judgment, in relation to the first instance judgment 2016 Highest 9240, by misunderstanding of facts (Defendant 1).

However, there is only an unreasonable objection against the arrest act.

B. In relation to the first instance trial No. 2017 order No. 2017 order No. 1286 and 2017 order No. 2469, the Defendant did not engage in abusive and assault to the victim H and I as stated in the first instance judgment, or interfere with the business of “J restaurant”.

B. The gist of the Defendant’s grounds for appeal against the first instance-oriented sentence of sentencing (in 10 months of imprisonment) is too large to the effect that the Defendant’s appeal is unreasonable, and the prosecutor’s appeal’s grounds for appeal are too unfeasible and unfair.

2. Determination:

A. (i) As to the assertion of mistake of facts, the Defendant alleged in the first instance trial that he had a defense counsel in relation to this part of the facts charged, and recognized the existing position.

However, it is sufficient to find the Defendant guilty of this part of the facts charged on the ground that the Defendant’s confession statement is reliable in accordance with the statements made by investigative agencies such as victim F and objective circumstances.

Therefore, the defendant's argument I is without merit.

According to the evidence duly adopted and examined by the first instance court of the second instance, it is sufficient to recognize the fact that the Defendant, like the criminal facts of the first instance court 2017 order 1286 of the second instance judgment and 2017 order 2469 of the second instance judgment, found the victim H and I to be under influence of alcohol in the "J restaurant" operated by the victim H and I, and avoided disturbance as shown in the annexed crime list in the first instance judgment, thereby interfering with the business, insulting the victim I, and assaulting the victim H.

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

B. We also examine the reasons for appeal by the defendant and the prosecutor on the wrongful argument of sentencing.

유사 판례

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