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(영문) 부산지방법원 2018.07.20 2018노1188
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and improper sentencing) is based only on the misunderstanding of facts as to all the criminal facts as indicated in the judgment below on the first trial date of the first trial of the court below, and the remaining arguments are explicitly withdrawn, but the purport of requesting to be considered in light of the circumstances is stated.

A. The Defendant, who was arrested as an offender in the act of committing an act of committing an act of committing an offense and then left the back on the part of the police officer’s entry, with the wind of milling the back in the course of resistance while leaving the patrol room for not getting on the patrol vehicle. Therefore, there was no intention of injury.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the first instance court on the assertion of facts: (i) the Defendant, i.e., the Defendant: (a) the Defendant was unable to request the police officers, including the victim dispatched after having been reported 112 prior to the patrol vehicle to stop his/her duties and return home; (b) the Defendant was taking a bath against the police officers on the ground that he/she did so; (c) the Defendant continued to comply with the request for returning home; and (d) the victim was arrested with the other police officers as a suspect of interference with the business; (b) the victim was arrested the Defendant at the scene of interference with the business; (c) the Defendant refused boarding with the Defendant’s body by making the Defendant seriously refused the request; and (d) the victim and M attempted to wear the Defendant’s body behind the Defendant’s arms; and (e) the Defendant was faced with the victim’s face by taking account of the following factors, and the Defendant was faced with the victim’s face.

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