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(영문) 의정부지방법원 2013.11.28 2013노2193
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (as to the obstruction of performance of official duties and injury to the victim H), the Defendant was contacted by passive resistance or anti-dynamic movements against the body parts during the process of excessively suppressing H, but did not intentionally commit violence or bodily injury, and even though he did not have any intent to obstruct the performance of official duties, the lower court found the Defendant guilty of this part of the facts charged is an unlawful crime of mistake of facts.

B. The sentence of the judgment of the court below on unreasonable sentencing (nine months of imprisonment) is too unreasonable.

2. Determination

A. According to the record on the assertion of mistake of facts, ① the police officers (H and K) dispatched after receiving a report from the D community service center around 10:20 on July 2, 2013 that the Defendant saw the Defendant as a flagrant offender of the obstruction of performance of official duties and arrested the Defendant as a flagrant offender of the obstruction of performance of official duties; ② the Defendant tried to open the entrance and exit at home with long time when the case was resolved after arrival at the G zone; ② the police officers belonging to the said G zone set the door to secure a new disease with the Defendant’s locking, ③ the police officers assigned to H and K put the Defendant to the right side of the police station in order to take the Defendant into custody of the Busan Police station; ③ the police officers assigned to the G zone 1 to put the Defendant to the right side of the police station; and ④ the Defendant 1 to put the Defendant to the front of the BG and put the Defendant to the front of the BG, and then, to put the Defendant into the front of the BG, and to use the 1string the Defendant’s.

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