(영문) 대전지방법원 2014.10.08 2014노1677 | 리걸엔진

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(영문) 대전지방법원 2014.10.08 2014노1677

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (the factual error, mental or physical disorder, and unreasonable sentencing)

A. (In the part of the charge of obstruction of performance of official duties) The defendant found a district unit at the time of the instant case, and there was no discovery or spread of beer to a police officer.

B. The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disorder or mental disability.

C. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant’s assertion of mistake of facts cannot be accepted on the ground that (the part concerning the obstruction of performance of official duties) discovered the entrance door in the earth, thereby obstructing the police officers from exercising their legitimate duties.

1) In light of the CCTV image data attached to the record of this case, K’s 2) is a relatively consistent and concrete statement that the Defendant, who was taken by the investigation agency, was able to take a door by putting the door into the earth, and booming the caner with his face, etc. (Evidence No. 10 pages, 12 pages, and 12 pages), and there is no reasonable ground to deny the credibility of the statement. (2) According to the CCTV image data attached to the record of this case (Evidence No. 35 pages), it can be confirmed that the Defendant was able to take off the blick, the shape of the caner, and the caner, and the shape that the Defendant spreads to the above K by taking the caner.

3) On the contrary, the Defendant stated that “I will find a district unit and memory the door, but thereafter will not be memory” when conducting the police investigation (Evidence Nos. 24, 24, and 24, and 3, the lower court made a confession of all of the crimes of this case and make the above statement.

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