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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2019.05.29 2019노774
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant merely saw a police officer with walling, etc. and resisted him, and first, did not commit any harm directly to the police officer, and thus there was no intention of injury.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination

A. The Defendant has the same assertion as the Defendant alleged in the original judgment regarding the assertion of mistake of facts.

The court below rejected the argument in detail in its decision on the argument of the defendant and his defense counsel under the summary of the evidence.

The judgment of the court below is justified in the judgment of the court below, based on the evidence duly adopted and examined by the court below, in particular, ① the defendant shows aggressive actions such as opening cargo gate and speaking to police officers as vision, etc. to the F face of police officers, and D, a police officer, who was fluor of such threats, was faced with the defendant's shoulder and shoulder part (70 pages of the trial record), and almost at the same time, the defendant d's flothing of police officers (79 pages of the trial record), ② the defendant was flothing on the wall and flothing of floth, was seen as a series of attack, and the defendant's flothing of the police officer F's floth, did not appear as a defensive act for getting out of the police officer D; ③ The defendant was aware that the police officer's flothing in a flagrant offender's floth and flothing or flothing the part of the investigation record of this case.

Therefore, the defendant's assertion of mistake is without merit.

B. The assertion of unfair sentencing.

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