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(영문) 서울북부지방법원 2018.04.19 2017노2132
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) The judgment of the court below that found the Defendant guilty of this part of the facts charged, although the Defendant did not commit an indecent act by force against E with respect to forced indecent act by compulsion of fact, is erroneous in the misapprehension of facts.

2) On the part of obstructing and injuring a police officer’s performance of official duties, the Defendant is not a flagrant offender, and thus does not interfere with a police officer’s legitimate performance of duties concerning the arrest of a flagrant offender, and at the same time, he

I think, in the process of resistance to police officers who want to suppress the defendant, the victim G, who is a police officer, was able to face the police officer, but did not intend to inflict an injury.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.

B. The Defendant’s wrongful assertion of sentencing stated that, as long as the law permits, the Defendant sought the wife on the grounds of appeal and stated that the maximum tolerance has been cut off, the lower court’s punishment (one year of imprisonment, two years of suspended execution, two years of community service order, 80 hours of community service order, and 24 hours of lecture for sexual assault treatment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, in full view of the following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① He, the head of a restaurant, consistently from the police station to the effect that the Defendant was released from the lower court when E, and ② the fact that the Defendant was her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Therefore, this part of the defendant's argument is without merit.

2) interference with and injury to the performance of official duties.

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