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(영문) 수원지방법원 2018.07.20 2018노728
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, as stated in the facts charged, did not assault F of the police officer F as stated in the instant facts charged, the judgment of the court below convicts the Defendant, which affected the conclusion of the judgment by mistake of facts.

B. The sentence of the lower court’s unfair sentencing (ten months of imprisonment, two years of suspended sentence, and 120 hours of community service order) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the evidence duly adopted and examined by the lower court and the following circumstances revealed by relevant statutes, the lower court determined that F’s act of expulsion against the Defendant at the time of the instant case was lawful as an inevitable response to the Defendant’s act interfering with the police officer’s actions at the scene of domestic violence reporting.

In determining the facts charged of this case, the charges of this case were convicted.

(1) According to Article 9-4 of the Act on the Prevention of Domestic Violence and Protection, etc. of Victims, a judicial police officer who has called to the scene of a crime of domestic violence after receiving a report on the prevention of domestic violence may enter the reported scene to protect victims and investigate relevant persons or ask questions (Article 2). In such cases, he/she shall take necessary measures, such as investigating at a place separated from a person who committed domestic violence so that victims, etc. may make free statements (Article 6) and Article 5-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence, notify that he/she

② As part of such on-site measures, F and police officers in the Republic of Korea listen to the Defendant’s mother’s report process separately from the Defendant, and issued a written confirmation of victim’s right to disclosure to D. The Defendant attempted to keep the victim’s right notification in mind and sound, and attempted to keep the victim’s body in mind. The Defendant’s body was pushed back, and the written confirmation was deducted from D.

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