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(영문) 서울서부지방법원 2018.10.25 2018노715
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. 항소 이유의 요지 피고인은 경찰관에게 신분증을 돌려받기 위해 손을 뻗었을 뿐 경찰관의 조끼를 잡아 뜯거나 손을 잡아 꺽어 공무집행을 방해한 사실이 없고( 사실 오인), 피고인에 대한 원심의 형( 벌 금 3백만 원) 이 너무 무거워서 부당 하다( 양형 부당). 2. 판단

A. In full view of the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, and the images of field photographs in the witness D and E of the lower court’s witness D and E, the fact that the Defendant used to verify the identification card and obstructed the performance of official duties by assaulting the damaged police officers, as stated in the facts charged, as stated in

The Defendant alleged to the effect that the victimized police officer committed a lawful act to receive a return of his/her identification card because he/she entered his/her personal information in his/her pocket book, but entering matters necessary for comparison with the holder of his/her identification card and post-management can be seen as a process included in the verification of his/her identification card. Thus, the above circumstance alone does not lead to the legitimacy of the above police officer’s execution of official duties.

Therefore, the defendant's assertion of mistake is rejected.

B. The lower court’s judgment on the wrongful assertion of sentencing was determined within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to be newly considered in the appellate court. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence is too unreasonable and unreasonable.

Therefore, the defendant's argument of sentencing is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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