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(영문) 대전지방법원 2016.04.20 2016노142
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles did not inflict an injury on G by a correctional officer or interfere with the performance of official duties, and a family correctional officer G was injured by a family correctional officer G and interfered with the performance of official duties.

Even if this was caused in the course of the abuse of illegal protective equipment and the exercise of force, it is not established a crime of interference with the execution of official duties, and it is not a crime of injury because it constitutes a legitimate defense.

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. 1) The Defendant and the defense counsel asserted the same assertion as the Defendant and the defense counsel at the original instance on the ground of appeal.

The court below rejected the argument by stating the judgment in detail.

In addition to the following facts acknowledged in accordance with the evidence duly adopted and examined by the court below and the court below, a prison officer intended to refuse to comply with official instructions and wear a protective gear against the defendant, and thus, the defendant resisted to the school G who lawfully performed official duties, and thereby inflicted an injury such as salt, tension, etc. in the part of G, and interfered with the legitimate execution of duties by a prison officer, and thus, the defendant's mistake and misapprehension of legal principles cannot be accepted.

(1) Even after the defendant moved to the accommodation team office, whether the defendant is a sponson’s superior to talk with him/her in the inside of the house.

“The purpose of “” was repeated and repeated to the effect that a disturbance was avoided.

② The defect that the correctional officer R, entering the official room, stated, “I have to wear protective equipment if you do so,” and the Defendant said that “I have to read sprink and nick as “I have to read. I have to read”

(3)

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