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(영문) 인천지방법원 2015.06.12 2015노1117
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, alone, did not threaten the police officer, and did not assault the police officer, on board the patrol vehicle according to the direction of the police officer, and on the part of the police officer, on board the patrol vehicle, and on the part of the police officer against the defect that the police officer would get off.

B. The sentence imposed by the court below against the defendant (4 months of imprisonment) is too unreasonable.

2. We examine the assertion of mistake of facts, which can be recognized by the evidence duly adopted and investigated by the court below, i.e., the following circumstances: ① J slope and Kman, a police officer belonging to the Incheon Central Police Station I District Police Station, were dispatched to the site of the case after receiving a report, but no access was possible due to people; ② the police officer was assigned to the patrol officer to check the site of the case; ② the police officer was prior to check the site of the case and was unaware of who was subject to the report; ② the police officer did not know of the fact that he was in the position of the patrol police officer; ③ the defendant was in contact with the police officer who want to get the defendant to get off the patrol vehicle; ③ The defendant was in the process of setting up against the police officer who want to get off the patrol vehicle; and the J slope was consistently stated from the investigative agency to the court of the court of the court of the court below, and thus, the defendant could sufficiently recognize the fact of obstructing the execution of his duties as stated in the facts charged.

Therefore, the defendant's assertion of mistake is without merit.

3. The Defendant had three times of punishment for the same kind of crime, and the Defendant was sentenced to one year and six months of imprisonment and two years of suspension of execution for the same crime, and the judgment became final and conclusive and was still in force for the suspension of execution period.

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