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(영문) 수원지방법원 2017.04.19 2016노5937

특수공무집행방해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of the legal doctrine (as to the escape of an offender), the Defendant merely moved F along with F at the time of moving F to AC to go through U buildings and to go together at the site of the assembly site of the labor conference, and did not perform any act such as preventing the execution of an arrest warrant. Thus, this does not constitute a crime.

(2) The sentence of the lower court (one year of imprisonment, two years of suspended execution) is too unreasonable.

B. In full view of the evidence submitted by the prosecutor (1) by misunderstanding the facts and misapprehension of the legal principles, the court below acquitted the public prosecutor on the charge of general traffic obstruction, but it erred by misapprehending the facts and the legal principles.

(2) The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence of the Defendant’s assertion of misapprehension of the legal doctrine, the lower court is justifiable to have found the Defendant guilty of all criminal facts committed by the Defendant, including the act of moving from U to AC along with F, and there is no error of misapprehending the legal doctrine as alleged by the Defendant.

Therefore, the defendant's above assertion is without merit.

(1) The number of police officers, such as I 13:10 Y, was carrying out a press check in front of the U building.

F The arrest warrant was not arrested on the wind that the defendant, etc. prevented him from escape and the F to the above building.

② 위 경찰관들은 F 이 건물 밖으로 나오면 재차 체포를 시도하기 위하여 건물 밖에서 대기하고 있었던 것으로 보이고, 그로부터 얼마 지나지 않은 13:48 경 F이 J 집회가 예정된 AC으로 이동할 때 피고인은 다른 사 수대 수십 명과 함께 F을 중심으로 하여 서로 팔짱을 끼는 등 대열을 짠 상태로 F과 함께 집회 현장으로...