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(영문) 부산고등법원 2017.01.26 2016노670
특수공무집행방해치상등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

With respect to facts charged in relation to interference with the performance of official duties in the trial of the party, the prosecutor applied for changes in the indictment to the effect that the name of the crime is "interpreting the performance of official duties" in the applicable law, and "Article 144 (1) of the Criminal Act" in the applicable law, and the judgment of the court below cannot be maintained any longer due to changes in the subject of adjudication by permitting the above application by this court. Thus, the judgment of the court below as to the wrongful argument of sentencing, which is the grounds for appeal of the defendant, should be omitted

Therefore, the judgment of the court below is reversed, and the judgment of the court below is reversed, and it is again decided as follows (Article 364(2) of the Criminal Procedure Act). Pursuant to Article 369 of the Criminal Procedure Act, the corresponding part of the judgment of the court below is cited, but the facts constituting the crime of the court below is stated in Paragraph (2) of the same Article as follows: (a) the defendant who was the above date, time, place, and the police officer of the Busan Southern Police Station I police box, who was dispatched to the Busan Southern Police Station I police box, did assault the above slopeJ on He; and (b) subsequently, the defendant J, who was a police officer of the Busan Southern Police Station I box, was s

As a result, the Defendant inflicted injury on the salt, tensions, etc. of the troke that requires approximately two weeks of treatment on the said slopeJ, and interfered with the legitimate execution of duties concerning the handling of the report case by the slope J 112.

“Aro-friendly”.

Application of Statutes

1. Article 2(2)3 of the Punishment of Violences, etc. Act regarding the crime concerned, Article 257(1) of the Criminal Act (the point of joint injury), Article 2(2)3 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Articles 258-2(1), 257(1), and 30 of the Criminal Act, Article 136(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of joint damage)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of obstructing the performance of official duties and the crime of injury) are more severe.

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