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(영문) 창원지방법원 2017.06.15 2016노2989
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s remarks from police officers D cannot speak against the Defendant.

하자 D이 갑자기 자신을 현행 범인으로 체포하면서 팔을 꺾었기 때문에, 피고인이 저항하면서 이를 돕던 경찰관 E을 발로 찼을 수는 있으나 공소사실 기재와 같이 공무집행을 방해하지는 않았으므로, 원심판결에는 사실 오인의 위법이 있다.

B. The sentence of the lower judgment (two years of suspended execution, protection observation, 160 hours of community service in October) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The Defendant also asserted as the grounds for appeal on this part, and the lower court rejected the Defendant’s assertion, stating the grounds for appeal in detail.

Examining the judgment of the court below in comparison with D’s legal statement of the witness at the trial court and closely, it is just and acceptable to accept the judgment of the court below. [A defendant, even though he did not have a brue or assault, he did not pluck up and pluck up D’s own and arms, and began to be plicked, and he was on other occasions.

E이 들어와 D을 거들었고, 자신이 저항하는 과정에서 E의 다리를 발로 찼을 수는 있으나 근무 복 바지에 흙이 묻은 것은 조작된 것이라고 변소한다.

As to this, D, in the court of the court below and the court of the first instance, he was in the process of cutting down bloths from the Defendant and pressureing him, and was in excess of the floor, he was arrested as a current criminal after he sawed the Defendant with E when he exceeded the floor.

The main parts have been consistently stated.

E even in the court of the court below, since D was beyond the judable floor on the backline of the defendant, D Do and the defendant was arrested as the current criminal.

was stated.

(1) Even if the Defendant’s bathing and assault did not exist, it is very rare that police officers pluck up their arms, plucking up to the bottom, and thus, the Defendant’s defense is changing.

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