(영문) 청주지방법원 2016.09.22 2016노733 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 청주지방법원 2016.09.22 2016노733

공무집행방해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, as stated in each of the instant facts charged, did not interfere with the performance of official duties by taking a bath to police officers or by assaulting them.

Therefore, the judgment of the court below which found all of the facts charged in this case guilty is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2) The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Unless there are exceptional cases where maintaining the first deliberation decision on the credibility of the statement made by the witness of the first instance trial on the assertion of mistake of facts is deemed considerably unfair, the appellate court shall not reverse without permission the first deliberation decision on the credibility of the statement made by the witness of the first instance trial solely on the ground that the first deliberation decision on the credibility of the statement made by the witness of the first instance trial is different from the appellate court’s decision (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). The lower court found the Defendant guilty of all the charges of this case on the grounds of each of the legal statements made by police officers F, G, L, and K.

In light of the legal principles as seen earlier, the lower court’s judgment that found the Defendant guilty of each of the facts charged in the instant case is just and acceptable in light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, the aforementioned witnesses consistently stated each of the facts charged in the instant case from the investigative agency to the court of the lower court, and the photograph and video images of the current situation coincide with their statements and credibility in their statements.

shall not be deemed to exist.

This part of the defendant's assertion is without merit.

B. Circumstances favorable to the Defendant regarding unfair determination of sentencing are as follows.

Each of the instant cases.

참조판례

-대법원 2006. 11. 24. 선고 2006도4994 판결

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