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(영문) 대구지방법원 2017.05.26 2016노2919
업무방해등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of 5,00,000 won, and a fine of 3,00,000 won, respectively.

Reasons

1. Summary of grounds for appeal;

A. In full view of the evidence submitted by the Prosecutor’s 1) misunderstanding of the facts (as to the part not guilty of the reasoning), Defendant A committed an assault by having Defendant A take the shape of ebbbbbage, I’s seat leading to the seat of the Daegu Southern Northern Police Station from around December 21, 2015 to an elevator, thereby obstructing the Defendants’ legitimate execution of duties by a police officer in relation to the handling of the 112 Report, on a different premise, the lower court found the Defendant not guilty of this part of the facts charged. In so determining, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2) Each sentence sentenced by the lower court to the Defendants (Defendant A: a fine of 5 million won, Defendant B: a fine of 3 million won) is too uneased and unreasonable.

B. Defendant A (as to the misunderstanding of facts, interference with the performance of official duties, etc.), Defendant A, as stated in the facts constituting a crime in the judgment below, “Iss Sch sp sp sp sp ch sp sp ch sp fch fes

The term " shall be read as " and shall not interfere with the legitimate execution of duties of police officers."

2. Determination

A. On December 21, 2015, the summary of the facts charged in this part of the indictment was assaulted by Defendant A, by taking the ebbbbage of Defendant A, the position of the Daegu Gangnam-gu Police Station H District, left beyond the elevator to the elevator, thereby interfering with the Defendants’ legitimate performance of duties by police officers in relation to the handling of the 112 Report Report.

2) The lower court determined that Defendant A consistently denied its content from the police investigation, and Defendant B, an accomplice, failed to conduct the prosecution investigation and to witness such a scene in this court.

In addition to the statement of the victim I, there is no evidence to prove that the victim I was engaged in flabing, and the elevator will move from the day immediately before the elevator board and arrive in front of the fifth floor guide room.

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