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(영문) 부산지방법원 2016.04.08 2015노4459
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) The Defendant did not interfere with his duties by assaulting C and D belonging to Busan District Court (hereinafter “the first denied part”) among the facts constituting the crime as indicated in the judgment of the court below. However, the judgment below which found the Defendant guilty of the first denied part is erroneous in the misapprehension of facts and adversely affecting the conclusion of the judgment.

2) In the facts constituting the crime of the lower judgment, the Defendant insults and assaults the victim E as a volunteer of the Busan District Public Prosecutor’s Office, and did not assault the victim F, the lower court found the Defendant guilty of the second part of the crime of the lower judgment, thereby adversely affecting the conclusion of the judgment by misapprehending the facts.

3) Although the Defendant did not interfere with his duties by assaulting H in charge of security and management division G in the Supreme Court’s judgment, the lower court found the Defendant guilty of the third denying part of the facts charged in the lower judgment, it erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

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

2. Judgment on the Defendant’s assertion of mistake of facts

A. The following circumstances acknowledged by the lower court’s duly adopted and investigated evidence regarding the first denied portion, namely, C, was present as a witness on the third trial date of the lower court and allowed only five copies to be copied, and the Defendant tried to reproduce too much.

In addition, it stated specifically the situation at the time of "(2) the chest was seriously pushed down twice in both hands while taking a bath(2)." (2) D also appeared as a witness on the third public trial date of the lower court, and C puts a bath to C when the Defendant was using a reproduction machine without permission.

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