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(영문) 광주지방법원 2017.10.17 2016노5037
특수공무집행방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor of one year and three months and by a fine of one million won.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment is too unreasonable.

B. A prosecutor 1) According to the O, P, L’s statements, CCTV images, etc. related to interference with the performance of special duties and damage to special property, the court below found the defendant not guilty of this part of the facts charged on the ground that the defendant did not have any intention to commit it, although he could be found that at least he had the intention to shock the safety of the players in the G at the time, he had the intention to commit it, there is an error of mistake in the facts.

2) The sentence of the lower court is too unhued and unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged is as follows: (a) around 12:35 September 21, 2015, Defendant A: (b) at around 4 math day of the east east east east east east east east east east east east east east east east east east east east east east east east east east east east east east east east east east Sheet L, which issued a stop order for the maritime inspection and search of the sea under Article 12 of the Sea Guard Act, but there is a concern that arrest during the suspension period would be subject to heavy punishment; (c) the above security approach approach to the enforcement of the vessel's name and the vessel license plate at the time of the suspension of execution is prone to the situation of collision, and (d) at around 13:55 on the same day, Defendant A continued to use the above part of the vessel's port port of view with the direction of the victim's port of repair.

Accordingly, the above defendant carries dangerous articles G, and carries them with the National Safety Agency's marine guard activities.

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