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(영문) 서울동부지방법원 2018.10.31 2018노898
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. The defendant is not guilty of assaulting the victim.

B. The punishment of the lower court (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of 80 hours) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court as to the assertion of facts, the lower court reported that ① the Defendant, the Victim F (hereinafter “victim”) and the Victim-Friendly K used the Victim-Helped K called “E” road located in Songpa-gu Seoul (hereinafter “instant road”); ② the K used the phone call around 112 on June 16, 2017 and reported that the police who received the report was called to the instant road on June 22:42, 2017 and called to the instant investigation agency on June 22:42, 2017, and consistently called to the instant police station by the Defendant and the instant police station until around 22:49 on June 16, 2017.

“In the case of the victim’s knife with the back of the victim’s knife and the knife with the knife of the victim’s knife, H had the Defendant “4 large quantities” in the police.

However, the court of the court below stated that the court of the court below made several times.

In the statement, the number of times of violence was not specified.

However, for the purpose of giving a decoration at Defendant India’s investigative agency, the victim’s right shoulder was 5 to 6 times with hand, and even when the police was dispatched to the road of this case, the police saw that the victim’s right shoulder was shicked with the hand floor and the Defendant’s statement to the purport was shicked, even if following the Defendant’s statement, the fact that the Defendant used multiple tangible force against the victim’s body is sufficiently recognized.

The facts, etc. stated to the effect that “the Plaintiff stated” can be recognized.

3.2

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