(영문) 수원지방법원 2018.06.11 2017노9311 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.06.11 2017노9311

공무집행방해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of the facts and misapprehension of the legal doctrine, the Defendant did not have any frighten or breath a police officer’s body, and there was only dispute in the process of spreading excessive suppression by police officers.

In addition, the court below erred by misapprehending the legal principles on the relationship of duties with the obstruction of official duties.

(2) The sentence of the lower court’s unfair sentencing (six months of imprisonment, two years of suspended execution, and two hundred hours of community service order) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In the lower court’s determination as to the Defendant’s mistake of facts and misapprehension of the legal doctrine, the Defendant asserted the same as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion in detail on the part of the Defendant’s argument and its judgment.

In addition to the judgment of the court below, the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① police officers at the time of the instant case were dispatched to the site upon receiving 112 report stating that the Defendant failed to calculate the amount, and ② police officers can be punished in a timely manner unless they grasp the circumstances of the instant case based on the statement of the Defendant and cafeteria employees in order to deal with the 112 reported case and did not pay the food to the Defendant.

In full view of the fact that the defendant's notification seems to have been given, and the defendant resisted to police officers prior to the arrest of flagrant offenders and used violence, the police officers' performance of duties concerning the handling of the report in 112 cases is legitimate.

Therefore, the defendant's above assertion is without merit.

B. A favorable circumstance is that the Defendant appears to have committed the instant crime contingently, and that there is no record of punishment for the same kind of crime.

However, the defendant assaulted a police officer who performs his duties in a legitimate manner, and in light of the method of crime.

유사 판례

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