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(영문) 서울북부지방법원 2016.03.31 2015노2314
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant did not assault the Victim C with respect to a crime listed in paragraph (1) of the crime committed in the judgment below; (b) there was no desire to commit each crime listed in paragraph (2) of the crime in the judgment below; and (c) there was no interference with the performance of official duties of E; and (d) the lower court convicted the Defendant as to

2. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the reasons for appeal, the facts that the defendant faced with the victim C by pushing the victim's head as stated in the facts constituting the crime in the judgment below and assaulted the victim E, and that the defendant may sufficiently recognize the facts that the defendant expressed a desire to the victim E and interfere with the performance of official duties by assaulting E.

Therefore, there is no error in the judgment of the court below as alleged by the defendant, and the defendant's assertion of mistake is not accepted.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That the “two years” of the 4th page 6 of the judgment of the court below is clearly erroneous and erroneous, and thus, it shall be corrected ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.

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