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(영문) 서울남부지방법원 2016.08.12 2015노1170

공무집행방해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. In light of the circumstance where police officers called to the scene at the time of the summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles), the defendant's behavior sent to the scene, and the defendant's assault against police officers during the course of carrying the patrol vehicle, etc., the charges of this case are recognized. However, the court below which acquitted the defendant, erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Before the judgment on the grounds of appeal by the prosecutor ex officio, the prosecutor applied for changes in the indictment with respect to the facts charged in the indictment as follows, and this court permitted this and changed the subject of the judgment. Thus, the judgment of the court below cannot be maintained as it is.

[Revised charges] On December 4, 2014, the Defendant: (a) around 19:35, and around 112, the Gangseo-gu Seoul Gangseo-gu Seoul Metropolitan Government (Seoul Metropolitan Government) sent to the site after receiving a report of 112, and discovered the Defendant who is playing on the path D District Sticker E and F of the Seoul Gangseo Police Station D District Police Station D, which called the Defendant, and caused the Defendant to sit on to the said E to move the Defendant to a safe place; (b) display the drinking to the said E; and (c) immediately put him on drinking to ask the Defendant’s personal information.

The Defendant continued to have been asked to board the patrol vehicle to verify personal information from the above E and F, and to have him/her embarked on the road repeatedly without disclosing his/her personal information, “I am a democratic police;

C Ma Ma Ma Ma Ma Ma Ma Mana is the chief of the police station.

Dr. He died.

Recognizing out of clothes.

Chewing h. In doing so, the police officers who used the above E’s bucks to cut off their bucks, f’s chest by drinking them, f’s chest by drinking them, and f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s bucks