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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts and misapprehension of legal principles, ① The act of the F to prevent the Defendant at the time of the instant case cannot be deemed a lawful performance of duty, ② the Defendant’s act cannot be deemed as a assault against the F’s body, and ③ it is not so.
Even if the defendant's behavior is to escape from F, it constitutes a legitimate act under Article 20 of the Criminal Code or a legitimate defense under Article 21 of the Criminal Code, and the CCTV images submitted by the prosecutor are likely to be operated.
2) The punishment sentenced by the lower court (such as penalty amounting to four million won) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Determination
A. 1) Determination as to the assertion of misunderstanding of facts and misapprehension of legal principles 1) The remainder of the arguments except for the legitimate defense has the same purport as the allegations in this part of the judgment below, and the court below rejected the Defendant’s assertion in detail and convicted the Defendant of the facts charged in this case.
Examining the reasoning of the judgment below in a thorough comparison with the evidence, the judgment of the court below is just, and there is no error in the misapprehension of facts or legal principles.
2) The act of defending the current infringement of one’s own defense or another’s legal interest by a political party shall not be punishable when there are reasonable grounds. As long as the act of F is deemed lawful as recognized in the original judgment, the act of defending the present infringement of the defendant at the time of committing the instant crime.
As such, the Defendant’s prior assertion cannot be accepted on a different premise.
B. The lower court determined the unfair argument of sentencing: (a) the Defendant’s demand that the public official handle his/her duties and give answers as he/she had expressed a dangerous attitude; and (b) the act constitutes assaulting a public official who prevents him/her from doing so; and (c) the public official who is performing