(영문) 청주지방법원 2018.10.04 2018노734 | 리걸엔진

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Reasons

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자간(%)

(영문) 청주지방법원 2018.10.04 2018노734

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On April 5, 2017, around 09:40, the Defendant: (a) went home from F to a police officer belonging to the E District of the police station located in the Cheongju-si, Cheongju-si; and (b) there was a charge of assaulting F, as stated in the facts charged, (c) the Defendant did not commit an assault against F (only the Defendant was arrested as a flagrant offender of the crime of obstructing the performance of official duties without justifiable grounds, after he was subject to a disciplinary measure from the police due to the instant case; and (d) the Defendant was arrested as a flagrant offender of the crime of obstructing the performance of official duties without justifiable grounds. At the time of the instant crime of mental or physical weakness or loss of body, the Defendant was in a state of mental or physical weakness by drinking only.

(c)

The sentence of the court below (10 months of imprisonment) against the illegal defendant in sentencing is too unreasonable.

2. Determination

A. In light of the records, the court below's rejection of this part of the defendant's assertion for misunderstanding of facts is justified, and there is an error of law by misunderstanding of facts, as alleged by the defendant, if the court below reviewed the evidence legitimately adopted and examined in light of the records.

subsection (b) of this section.

Therefore, we cannot accept this part of the defendant's assertion.

B. Determination on the assertion of mental or physical weakness or loss is identical to the Defendant’s assertion that the Defendant was under the influence of alcohol at the time of committing the instant crime. However, in light of the process of committing the instant crime and the Defendant’s form and circumstances revealed in CCTV images taken at the time of committing the instant crime, etc., the Defendant was under the influence of alcohol at the time of committing the instant crime, and there was no or weak ability to discern things or make decisions.

does not appear.

Therefore, we cannot accept this part of the defendant's assertion.

(c)

The judgment on the unfair argument of sentencing is examined, and the crime of this case is committed by the defendant.

유사 판례

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