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(영문) 인천지방법원 2016.01.29 2015노3689
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In relation to the fact-finding interference, the Defendant only made a legitimate objection and did not interfere with the business of the victim D.

With regard to the obstruction of the performance of official duties, there is no fact that the defendant took a bath to police officer G and assaulted him.

B. The punishment sentenced by the court below against the defendant is too unreasonable.

2. Determination

A. The following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined by the court below and the court below as to the assertion of facts: ① The victim D has consistently stated the situation on the day of the instant case’s obstruction of business operation from the investigative agency to the court below’s trial; the process and method leading the Defendant to be disturbed in the victim’s singing room; ② The police officer consistently stated the facts obstructing the performance of official duties in the judgment of the court below from the investigative agency to the court below; ② The Defendant has consistently stated the circumstances on the day of the instant case’s interference with the performance of duties in the court below; ② the Defendant’s statement on the process and method of assaulting and assault to G, who is a police official, was admitted credibility; ③ the Defendant did not make payment at convenience points to 22:32 on the day of the instant case; ③ the victim’s statement from 22:520,000 won to 28:18,000 won on the day of singing; and ④ the victim’s statement was not made at each time after the victim’s singing point.

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