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(영문) 전주지방법원 2016.08.12 2015노1564

위계공무집행방해

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The judgment of the court below is reversed.

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) did not err in the misapprehension of facts as stated in the facts charged, but the lower court found the Defendants guilty of the instant facts charged due to the mistake of fact.

2) The sentence of the lower court (Defendant A: one year of imprisonment, two years of probation, community service order, Defendant B: 10 months of imprisonment, one year of probation, one year of community service order, Defendant C: six months of imprisonment, one year of probation, one year of probation, and one year of community service order) against the illegal Defendants in sentencing is too unreasonable.

B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is KK High School Corcocoa, Defendant B is L High School Corcocoa, Defendant C is K High School Corcocoa, and Defendant C is K High School Corcocoaa.

On May 6, 201, the Defendants conspireded to operate the schedule so that Q, which is the Taekwondo players belonging to K High School, would be well-known in the Taekwondo games organized by the President of the Korean Sports High School, comprised of 14 Metropolitan Cities/Dos-affiliated public sports high schools across the country, held in the N University Sports Center located in the Southern-gun, Military, and the Republic of Korea, and supervised by the Director of the O High School (hereinafter “instant Games”).

1) On May 6, 2011, Defendant A, at the sports center of the foregoing University, is expected to have a R, who is a Taekwondo player belonging to K High School, and S, who is a Taekwondo player belonging to L High School, participated in the first towing game of the 1st class, and to R, “this game is likely to be held in L High School and to mean the shot ticket.”

On the other hand, we seem to mean the winning of one game.

As the game started after the order was issued as "Liby Sea D," it was possible for S to get a winner of the right by displaying the intention of calling in the stadium.

2) Defendant B at the same place on May 6, 2011, at the same time, Q, a Taekwondo player belonging to L High School, and Q, a Taekwondo player belonging to K High School.