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(영문) 울산지방법원 2015.09.04 2015노364

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which acquitted Defendant A of the obstruction of performance of official duties on the ground that it cannot be viewed as a legitimate purpose that Defendant A did not know that he was an informant, and that there was an error of misunderstanding of facts or misunderstanding of legal principles in the misapprehension of legal principles, even though the reasonableness or supplement of the act is not recognized.

B. The respective punishments (two years of suspended sentence for six months of imprisonment, two years of suspended sentence, and one hundred and twenty hours of community service) against Defendant B and C are too unjustifiable and unfair.

2. Determination

A. On September 10, 2014, at the point of "F in Ulsan-gu E" around September 10, 2014, Defendant A of this part of the facts charged: (a) was informed of the fact that G was a police officer from the Ulsan Southern Police Station, who was called for the above main point, and was asked to present G identification card; (b) was asked to the effect that he was not G with a view to obstructing the arrest of G; (c) was not a police officer with a view to arresting the said G; and (d) the lower court conspired to the effect that he was not a police officer with a view to obstructing the arrest of G; and (d) the Defendant was released with a view to arresting the said G at the point of assaulting the above G point; and (e) the lower court’s judgment was held in collusion with the Defendant 2 by having sold the said G with his hand.

However, according to the records, Defendant A, while drinking alcohol together with G which was known to the ordinary person on the day of the instant case, knew of the fact that Defendant A was in the police along with G and its place, his uniform and G increase, thereby H and I.