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(영문) 서울동부지방법원 2015.04.09 2014노1722
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant (1) misunderstanding of facts did not have any awareness or intention to obstruct the execution of duties by assaulting police officers only when the police officer resisted the situation of the defect that the police officer intends to take on the patrol vehicle to capture the Defendant to the patrol vehicle.

Nevertheless, the court below rendered a judgment of conviction against the defendant. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

(2) The lower court’s sentence of an unreasonable sentencing (a fine of four million won) imposed on the Defendant is too unreasonable.

B. The prosecutor (unfair form of punishment)’s sentence imposed by the court below against the defendant is too uneasible and unfair.

2. Determination on the grounds for appeal

A. In full view of the evidence duly adopted and examined by the court below regarding the defendant's assertion of mistake of facts, police officers E, and D sent out to the scene after receiving a report that the defendant was used on the road; police officers E, and D sent phone to the defendant's mother for telephone calls and take measures to protect the defendant in accordance with the Act on the Performance of Duties by Police Officers to communicate with the defendant's mother on the road; however, the defendant left the patrol lane in order to take measures to protect the defendant in the police station pursuant to the Act on the Performance of Duties by Police Officers; however, the defendant went back to the police officer's clothes before the patrol while he did not get on his own before the patrol, she turned back the clothes of the police officer D with the driver's her her her her her her her her her her her her hand, and the fact that the police officer's her her her her her her her her her her hand her with the police officer'

B. The Defendant’s act of judgment on the assertion of unfair sentencing by the Defendant and the prosecutor requires strict punishment as an offense against the public authority that duly enforces the law, and further, the Defendant’s two police officers are selected.

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