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(영문) 서울북부지방법원 2014.05.30 2014노376
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was a fact that the Defendant attempted to milch I's scam, the Defendant did not assault I as stated in the facts charged in the instant case.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

2. Determination

A. The evidence duly adopted and examined by the court below and the following circumstances that can be recognized by mistake of facts, i.e., ① after receiving a report from the investigation agency and the court of the court below that F does not return clothes, I sent to the restaurant of this case to H and stated that F was subject to an assault as stated in the facts charged in this case in order to indicate complaints in the process of enabling F to return clothes to the Defendant, and to verify the name of F to the Defendant. ② H stated in the investigation agency and the court of the court of the court below that I tried to clearly witness the Defendant’s flatation of flat, ③ D, the restaurant of this case, did not witness all circumstances at the time of telephone communications at the investigation agency and the court of the court of the court below, but the Defendant stated that F was milked to verify the name of I's uniforms, ④ The Defendant's statement that it was not suspected that each of the above facts contained in the facts charged in this case can not be acknowledged as the facts charged.

B. The crime of this case of unfair sentencing is committed against a police officer who has been properly engaged in 112 reporting duties, and the nature of the crime is not good. The defendant denies and does not reflect the crime of this case. The defendant has four times of violence which was punished by a fine, and the defendant's age, character and conduct, environment, motive or circumstance of the crime, means and result.

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