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(영문) 대전지방법원 2014.02.05 2013노1856
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) The Defendant merely demanded the victim E who is an employee to change his/her female employee to another person, and did not use violence against the victim E and F. Rather, the victim, who is the main employee, had a threat to the Defendant as he/she gets off his/her arms and arms and drink the Defendant. 2) The Defendant’s obstruction of the performance of official duties is a threat to the Defendant. 2) Although the police officer dispatched by the main employee’s report did not listen to the Defendant’s talk, the Defendant only requested the Defendant to have his/her identification card and forced him/her to sound the police officer on his/her own, the Defendant did not take a bath for the police officer or take a batch.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts are as follows: ① the defendant has already arrived at the D main points of this case in a different place with two drinking, and ② the victim E was broken at two times in a two-time room where the defendant was a female employee, and the defendant was living together with the defendant, and entered two times in a two-time room where the defendant was a female employee. ③ The victim E took a bath to the victim E who wishes to enter two times, and the victim E was suffering from the alcohol, and the victim E went to two times in a two-time manner; ④ the victim E went to a two-time room and Kater; ④ the defendant continued to go to receive the victim E face, part of the victim E, and the victim F, who was in compliance with the above, continued to go to the police station after receiving the victim's slope from the victim's horse, and the victim F, who was called the victim's horse, was called the victim's horse to the right part of G.

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