특수공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for nine months.
1. Summary of grounds for appeal;
A. At the time of the instant case by mistake of facts and misapprehension of legal principles, the Defendant only attempted to take the friend in the cooling house and did not pose a threat to G slope on the ground of the friend disease. Since the Defendant took away the friend disease, the Defendant did not interfere with G’s execution of official duties.
In addition, it is difficult to see that the disease of the tenant, which the tenant gets gained, is a dangerous thing in terms of social norms.
B. Even if the facts charged in the instant case are recognized as guilty, the sentence imposed by the lower court (one year of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, G stated that the Defendant was able to sufficiently recognize the fact that the Defendant interfered with the performance of official duties by tending the two parts of the disease disease, threatening, and by threatening G, and that the Defendant’s intent of obstruction of performance of official duties is not reasonable. (A) At the court of the court of the court below, G opened a cooling house and 2 the disease disease, and turned down on the two parts of the disease disease, tending the two parts of the disease disease, and harming him.
G’s above statements are consistent with H’s statements at the time of the police investigation or C’s above statements, and there is no circumstance to deny the credibility of the statements in particular.
B) At the court of the court below, HDo, which had been on the spot with G, stated that at the time, the Defendant she saw the part of the disease's disease's disease's disease's disease's disease's disease's disease's disease's disease's disease's wound towards G slope with her hand, and that at the time, the Defendant her her bath while her was her, and her her flad with the disease's disease's disease's disease's disease's disease's disease's disease's danger to G slope test in front. C) at the court of the court below and the court of the political party, the Defendant her saw the disease'