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(영문) 서울중앙지방법원 2016.10.28 2016노1579
무고등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant stated in the statement of grounds of appeal that the Defendant’s assertion of unfair sentencing, mistake of facts, misunderstanding of legal principles, mental and physical disability, and other matters corresponding thereto are all the columns, and the main text of the statement of grounds of appeal states to the effect that each part of the obstruction of performance of official duties against the victim D is disputed. However, the Defendant’s statement of grounds of appeal submitted by the public defender on September 9, 2016, deemed the statement of grounds of appeal to supplement the Defendant’s assertion

On the other hand, the defense counsel withdrawn his claim on the fifth trial of the appellate court with respect to the fact that the relevant disturbance of mental disorder was found to have been solid.

1) The Defendant only accused a mistake of facts as to a false accusation and did not file a false accusation. Even if a correctional officer did not assault the Defendant as to the accusation, the Defendant’s complaint is evident that part of his body fighting, such as bringing the Defendant out of the prison room, is merely an exaggeration of the situation at the time and it is nothing more than an exaggeration of the situation at the time. 2) The Defendant did not commit an act of interference with business like this part of the facts charged.

Even if it is not so, even if the victim D’s desire to take the defendant first, the defendant asserted against this and committed an act stated in this part of the facts charged, and constitutes self-defense under the Criminal Act.

3) The Defendant unilaterally committed a mistake of facts as to the crime against the victim L, and there is no fact at the time of the victim L. 4) The Defendant did not receive a notice from each of the relevant police officers at the time of arrest, such as misconception of facts as to each of the obstruction of performance of official duties, the summary of the offense, the reason for arrest, and the fact that he/she has the right to appoint a defense counsel. The Defendant’s act stated in each of the facts charged is against the illegal performance of official duties

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