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(영문) 부산지방법원 2018.04.19 2017노3410

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the prosecutor can sufficiently recognize the fact that the defendant committed a joint dangerous act with two persons who have not been killed in the name of the defendant on the date stated in the facts charged of this case and threatened police officers in charge of road patrol, etc., but the court below acquitted the defendant. The court below erred in the misapprehension of facts.

2. Determination

A. The summary of the facts charged in the instant case is a high school student who drives C 125cc c.

1) The drivers of motor vehicles, etc. in violation of the Road Traffic Act shall not inflict any danger or injury on others or cause any danger or injury to traffic while driving his/her motor vehicle, etc. jointly with more than two persons on the road, in front, rear, or right or right or right or right or right or right or right or right by side

On September 21, 2016, the defendant, in collaboration with two influences, is driving about 100 meters from the 692 captain's front of the 692 captain's police station to the luminous slope road, and the defendant is driving the above C, two influences are driving the above C, and two influences are driving the number studs, so the 3 in front and rear the 3 influences without any justifiable reasons, without any justifiable reasons, by driving the studs on the studs, without disregarding the red stop signal.

Accordingly, the defendant and the two infinites were jointly engaged in dangerous acts under the Road Traffic Act.

2) The Defendant interfered with the performance of official duties in collusion with two persons who were influences in the above name and at the same time and place as mentioned in the preceding paragraph, and two persons who were influences in name due to the circumstances D of the Busan Police Station, the Busan Police Station, and the reason that the FF traffic patrols aboard a slope E are trying to drive away and control them, are faced with the direction of the above traffic patrols while driving on the road along the above traffic patrols.