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(영문) 울산지방법원 2015.08.28 2014노956

위계공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court found the Defendant guilty of all the facts charged in the instant case, thereby misapprehending the legal doctrine, thereby rendering a judgment of not guilty.

2. Determination

A. A. The additional prosecutor of the ancillary facts charged maintains the existing facts charged as the primary facts charged at the trial, and applied for the amendment of a bill of indictment in addition to the facts charged as described in paragraph (1) below, and this court permitted it. However, the prosecutor's assertion of misunderstanding of facts and misapprehension of legal principles as to the primary facts charged is still subject to the judgment of the court, and this will be examined first. (B) The court below's determination of the court below on the prosecutor's assertion of misunderstanding of facts and misapprehension of legal principles (as to the primary facts charged), is the following circumstances acknowledged by the evidence duly adopted and investigated by the prosecutor (as to the prosecutor's assertion of misunderstanding of facts and misapprehension of legal principles (as to the primary facts charged), i.e.,: (i) the defendant made a call from his family members to believe that the defendant was arrested and used for living expenses, etc.; and (ii) the defendant tried to use the defendant's family members to report it to the police; and (iii) the defendant did not know that he had been forced to capture the defendant's family members and reported it.