logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.11.14 2013노1927
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts: (a) the Defendant was aware of the physical temperature’s act of fire-fighting officials D, i.e., annoying the Defendant’s act; and (b) caused the Defendant’s body satisfying and unreshing his arms against his will; and (c) during that process, D’s satch was fit for the Defendant’s hand, and even if there was no intention to commit obstruction of the performance of official duties, the lower court erred by misapprehending the facts, thereby convicting the Defendant.

(2) At the time of the crime of this case with mental disorder, the court below did not recognize that the defendant was in a state of mental disorder or mental disorder under the influence of alcohol. Thus, the judgment of the court below is erroneous in the misapprehension of

(3) The sentence imposed by the lower court of unreasonable sentencing (three million won of a fine) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the lower court and the first instance court on the assertion of mistake of facts, the following facts are revealed: ① D, a fire-fighting official belonging to the Gangnam-dong 119 Safety Center, was reported around 03:0 on September 8, 2012 and called “J” at the first floor of the Gangnam-gu Seoul Special Metropolitan City I building, and was called to the first floor and used on the floor; ② the fire-fighting official dispatched began to the hospital with the Defendant’s pro-child-care K was sent to the first-aid vehicle according to the intent of the Defendant, etc. ② the fire-fighting official called to the Defendant was sent to the hospital; ③ K was sent to the hospital with the judgment that it was difficult for the Defendant to attend the hospital on the next day, but the Defendant did not listen to the horses; ④ When the Defendant returned to the hospital to measure the Defendant’s body temperature of the Defendant; ④ When the Defendant was called to the Defendant, the Defendant was to visit the Defendant’s Do self-loss, and his magazine.

arrow