(영문) 대구지방법원 2019.01.24 2018노3433 | 리걸엔진

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(영문) 대구지방법원 2019.01.24 2018노3433

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (2018 Highest 830) ① The Defendant did not use violence against the victim F.

(2) No defendant has committed an assault against the victim H or I by a portable gas dust.

(3) Although the defendant took a dog before a restaurant of the victim J, he/she does not interfere with the victim's duties.

④ The Defendant is punished by I and Tagabonds.

The envelope shall tear the tear, and shall not interfere with his/her duties only where the envelope is dusted on the ground.

(5) The Defendant did not engage in any conduct to leave the victim Q Q as a sentry.

B. The Defendant was in a state of mental disability at the time of committing each of the instant crimes.

C. The sentence imposed by the lower court (2017Gohap2462: Imprisonment with prison labor for 6 months and imprisonment for 2 years) is too unreasonable.

2. Determination

A. In full view of the evidence in the judgment of the court below as to the assertion of mistake of facts or misapprehension of legal principles, the judgment of the court below is justified, and the judgment of the court below is not erroneous in the misapprehension of legal principles or misapprehension of legal principles, taking into account the following: (a) the evidence in the judgment of the court below was found guilty of all the charges; (b) the health care unit and the statement of the victims of this part of the charges from the investigation stage to the court of the court below; (c) the statement of witnesses AG, AH, and AK corresponds to the statement of the above victims; and (d) the defendant's act following the statement of the victims of obstruction of business

Therefore, this part of the defendant's argument is without merit.

B. In light of the Defendant’s perception status, mode of action, etc. as indicated in the judgment on the claim of mental disorder, it does not seem that the Defendant, at the time of each of the instant crimes, did not seem to lack the ability to discern things or make decisions.

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

유사 판례

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