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(영문) 청주지방법원 2017.11.03 2017노782
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of misunderstanding the fact, the Defendant did not recognize that the victimized person was a police officer, and did not display the victim’s face.

Nevertheless, the court below sentenced the defendant guilty, and there is an error of misunderstanding the fact and affecting the conclusion of the judgment.

B. Of the sentencing division, the sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in this case was modified by the prosecutor at the trial as above, but it was merely a concrete description of the circumstances leading the defendant to commit the crime. Since the prosecutor's above indictment attached to the defendant did not affect the subject of the judgment in this case, it does not constitute a ground for the reversal of the judgment below ex officio.

The summary of the facts charged in this case which the court below found the defendant guilty is as follows.

On February 19, 2017, at around 20:45, the Defendant discovered the situation where the victim F, who belongs to the Mansan E District Police Station in the Mansan Police Station, coming from the above Manan Manan, coming from the front line of the Manan Manan, the Defendant was aware that the victim was dispatched to the place after receiving a report of domestic violence against the victim’s denial and her child, and whether the victim’s right shoulder was sealed by hand, and “hums are suffering from the manan.”

"At the same time, I am at the right face of the victim in drinking."

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the handling of the 112 reported case, and at the same time, the Defendant committed an internal and internal drugs and tissues that require approximately two weeks of medical treatment to the victim.

B. The lower court’s determination is based on the following: (a) part of the Defendant’s legal statement; (b) F’s legal statement; (c) the prosecution examination protocol against the Defendant; (d) the police statement against F; and (e) the reporting of the 112 Incident

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