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(영문) 수원지방법원 2018.05.24 2017노9540
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) The Defendant’s use of assault is recognized as having flabbage of the victim G. However, in the process of breabing the Defendant’s hand, the Defendant’s hand faces on the victim’s face, and there is no fact that the Defendant intentionally faces the victim’s face.

2) The Defendant was faced with the following in order to treat the CRPS (combined pains) in the course of arrest, which is a flat soldier, in the course of arrest: (a) so as not to impair the evaculation inserted in the body; (b)

Although CRPS patient identification card was shown by police officers, police officers did not kneee the knee of police officers who refuse to board a police vehicle by exercising physical power without considering such circumstances, and they did not intentionally knee the knee of police officers.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court of the court below as to the charge of assault, etc., the judgment of the court below as to the charge of assault is as follows: (a) the Defendant: (b) saw the victim’s fat, fating the fat of the victim G; (c) laid the victim’s knick; and (d) again, fating the victim’s fat; and (c) fating the victim’s fat; and (d) recognized the fact that the Defendant’s fats fat of the victim’s face with the Defendant’s hand fat; and (d)

As long as the defendant intentionally assaults the victim's face face like this part of the facts charged in the course of the defendant's intentional use of force against the victim, the crime of assault is recognized against the defendant.

Therefore, the defendant and his defense counsel's mistake in this part is without merit.

2) Interference with the performance of official duties.

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