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(영문) 대전지방법원 2021.03.18 2020고단5309
경범죄처벌법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. On November 14, 2019, around 02:10 on November 14, 2019, the Defendant was under the influence of alcohol in Gwanak-gu in Seoul Special Metropolitan City, and the first floor door door door of the building was opened in front of Gwanak-gu in Seoul Special Metropolitan City, and the police officer who was dispatched after receiving a report recommended him to invalid, and without hearing the police officer’s recommendation to return home, the Defendant was “satch gue Ma”, “Isat Ma”, and “Wsat

In this regard, “this brut” was expressed, and the official duties of those who are performing official duties were obstructed due to the fact that they did not go with the time.

2. Article 326 subparag. 1 of the Criminal Procedure Act provides that “when a final judgment has been rendered,” a case in which a final judgment has been rendered, a judgment of acquittal shall be pronounced if a public prosecution is instituted against the same case as a case in which a final judgment has been rendered. Here, whether the facts charged or an offense is identical shall be determined based on the Defendant’s act and social factual relations, taking into account the legal functions identical to the facts, and such normative elements shall also be determined by taking into account (see Supreme Court Decision 2010Do11987, Jan. 27, 201). According to the judgment, etc. submitted by the Defendant, the case at the Seoul Central District Court 2019 order 8215, Mar. 13, 2020; and “The Defendant received a report of the present door from the Seoul Special Metropolitan City Police Station after being drunk at around November 14, 2019, and received the report of the present door from the Seoul Special Metropolitan City Police Station that was dispatched to the 112 Do.

The Defendant is “Cho Fe Ma,” “Cho Fe Ma,” and “Chof Ma,” respectively;

This brush’s bath theory, etc., which goes beyond the distance, brupted to return home upon being reduced from the above E, and brupted to “satch, brue,” and when the above E-art body was found to be a drinking brue once.

The judgment of March 21, 2020 became final and conclusive on March 21, 2020, by being sentenced to a fine of KRW 4 million for a crime that interferes with the performance of official duties.

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