(영문) 의정부지방법원 2015.04.21 2014노2484

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2015.04.21 2014노2484

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts did not take a bath or assault a police officer G.

(B) The bathing theory was made to D, who is the seat of the vehicle on which the defendant was aboard, and only the hand of the defendant was exposed to the face of the police officer in the process of spreading the police officer who took the wall on the defendant.

The sentence of the lower court on unreasonable sentencing (fine 3 million won) is too unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts: (i) The police officer G from the investigation agency to the court below to the court below, (ii) the police officer’s statement was consistently and specifically made to identify the defendant’s fingerprints, and the defendant’s face was arrested; and (iii) there was no reasonable circumstance to suspect the credibility of the statement; (iv) the defendant, along with the defendant, made a statement of the same contents as the defendant’s argument at the court of the court of the court below; (v) the person working in the same office as the defendant; and (v) the defendant was working in the same office; and (v) the fact that there was no credibility in the statement because he was a considerable quantity of alcohol together with the defendant at the time. Accordingly, the above argument by the defendant is without merit.

B. Although the Defendant has no recent criminal records on the assertion of unfair sentencing, the Defendant’s punishment is too unreasonable in light of the following: (a) the Defendant denies the instant crime from the investigative agency to the trial court; and (b) the police officer who was assaulted wants to punish the Defendant; and (c) the Defendant’s age, environment, character and conduct, motive and background of the instant crime, and circumstances before and after the instant crime, etc.; and (d) comprehensively considering all the sentencing conditions specified in the records and arguments, such as the Defendant’s age, environment, character and conduct, motive and circumstance before and after the instant crime.

유사 판례

-서울동부지방법원 2015.01.30 2014노1448

-창원지방법원 2016.03.31 2015노1844

-서울북부지방법원 2015.07.08 2015노281

-창원지방법원 2018.05.10 2017노1504

-서울중앙지방법원 2015.01.30 2014노4565