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(영문) 수원지방법원 2019.01.11 2018노4775
특수공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the facts, which led to the mistake of the Defendant, even though the Defendant did not take a bath or display a knife to police officials, such as the entries in the facts charged.

B. The lower court’s sentence (five months of imprisonment and two years of suspended execution) against the Defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is that the Defendant: (a) on February 21, 2018, opened a string door at the Sinung City building B; (b) around 19:00 on the Defendant’s house and opened a string door to play music considerably; (c) on the upper house, the Defendant: (d) reported that “I am out of the string, so long as I am out of the string, and am back, I am out of the string; and (d) reported that “I am out of the string, I am out of the string, and I am out of the string,” and “I am out of the string, I am out of the string of the string, I am knife, I am out of the string, “I am out of the string, I am knife,” and “I am out of the string.”

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers concerning handling reports.

B. The judgment of the court below also asserted the same purport as the above reasons for appeal, and according to the evidence duly adopted and examined by the court below, the court below determined that the defendant carried dangerous articles, such as the facts charged, and thereby interfered with the legitimate execution of police officers' duties, and that the defendant's assertion is above.

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