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(영문) 전주지방법원 2016.10.07 2016노887
특수공무집행방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misapprehension of legal principles (the part concerning the obstruction of performance of official duties) did not reach the commencement of the commission of the crime of obstruction of official duties, and there was no perception and acceptance that the Defendant’s act would threaten public officials at the time. Even if the Defendant’s act constitutes the crime of obstruction of official duties, it does not constitute a crime of obstruction of official duties because it is not dangerous objects. Nevertheless, the lower court found Defendant guilty of the charges of obstruction of official duties on the part of the special obstruction of official duties. In so doing, the lower court erred by misapprehending of legal principles and misapprehending of legal principles. 2) In so doing, the lower court’

B. Prosecutor 1) According to the mistake of facts and misapprehension of legal principles (the spare part of the public structure and fire prevention), even if the Defendant’s fire prevention purpose is sufficiently recognized, the lower court found the Defendant not guilty of the spare part of the public structure and fire prevention on the ground that there was no other purpose of fire prevention. In so determining, the lower court erred by misapprehending the legal principles, thereby making a judgment erroneous. 2) The lower court’s punishment of unfair sentencing (one year of imprisonment, one year of confiscation

2. Determination

A. According to the evidence duly adopted and investigated by the lower court on the Defendant’s assertion of mistake of facts and misapprehension of legal doctrine, the Defendant’s act of putting the width into one’s body as stated in this part of the facts charged can be recognized as having committed intimidation to police officers, and on the other hand, it constitutes dangerous objects since it is a thing that can be widely used to harm the life and body of a person, which is not a deadly weapon, even though it is not a deadly weapon (see Supreme Court Decision 2002Do919, Jul. 11, 2003).

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