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(영문) 서울서부지방법원 2019.10.10 2019노611
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since there was no assault by a police officer C, such as flapsing, etc., the Defendant committed the crime of obstruction of the performance of official duties, the lower court erred by misapprehending the facts.

B. The sentence imposed by the lower court (two years of suspended sentence for six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and investigated in the lower court’s determination on the assertion of mistake of facts: (i) the victimized police officer stated that the Defendant was not memory of the damaged police officer’s chest at the lower court’s court court court’s trial; (ii) however, on July 21, 2018, the day of the instant case, the investigating agency made a clear statement that the Defendant was satisfing himself/herself, and that the damaged police officer took the same or similar cases against the ordinary visitors; and (iii) the fact that the testimony at the lower court’s court court’s trial was about nine months after the date of the instant case; (ii) according to CCTV images, the victimized police officer’s testimony at the lower court’s above investigative agency was sufficiently believed to have been made; and (b) the Defendant’s testimony at the police officer’s bar, such as the Defendant’s satisfying of the damaged police officer’s chest to the police officer’s chest; and (b) the police officer’s statement at the lower court level consistent with the aforementioned evidence.

Therefore, the defendant's assertion of mistake.

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