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(영문) 의정부지방법원 2016.09.20 2016노1773
모욕등
Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principles, the Defendant did not consent by the police officer in charge, and only took the license, and thus does not constitute a crime of obstructing the performance of official duties.

It was true that the defendant took a bath to a police officer in charge, but there was no person to do so, so the offense of insult is not established.

B. The sentence of the lower court’s unfair sentencing (two years of suspended sentence in October, and two hundred hours of community service) is too unreasonable.

2. Determination

A. Judgment 1 on the argument of misunderstanding the facts or misapprehension of the legal principles 1) The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the witness F of the court below stated that “the defendant was able to ask soil on the part of his arms (see, e.g., 80 pages).” The witness G of the court below stated that “the defendant was able to use the arms of the police officer due to his shot (see, e.g., 90 pages).” The witness G of the court below stated that “the defendant was able to desire a police officer” (see, e.g., 8th page of the trial record). In light of the fact that the defendant interfered with the performance of official duties by the police officer in charge, and insulting the police officer in charge of booming his desire while hearing the surrounding persons.

2) Therefore, the Defendant’s assertion of mistake or misapprehension of legal principles is without merit.

B. Determination 1 on the wrongful assertion of sentencing is based on the following circumstances: (a) the Defendant denies and did not oppose the offense; (b) assault the police officer who lawfully performed official duties; (c) assault the abusive language; and (d) did not agree with the victim; and (c) did not recover damage; and (d) the Defendant did not have been punished eight times, including the history of obstructing the performance of official duties; and (c) there were eight violent criminal records, including the Defendant’s age, background of the offense; and (d) other conditions of sentencing as indicated in the instant argument, such as the circumstances after the offense.

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