(영문) 부산고등법원 2017.05.31 2016노728 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2017.05.31 2016노728

공무집행방해등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty (misunderstanding of the facts and misapprehension of the legal principle as to the guilty part (the obstruction of the performance of official duties)) is erroneous or erroneous in the misapprehension of legal principles.

① The lower court determined that H’s testimony cannot be used as evidence, as it infringed the Defendant’s right to cross-examine the witness H of the lower court on the ground that H of the lower court demanded the Defendant to testify without the Defendant.

② The Defendant only stated to the effect that “I am proper” was “I am on the part of G while I am on the part of G while I am saw the Defendant as “I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part

③ Since the Defendant had been engaged in a paint work at the time, if the Defendant was to catch, scam, or towed the Gman G, he did not scam such scam on the scam, but did not scam the scam on the scam, and he was investigated by the police, and without attaching a photograph of the Defendant’s hand on the scam on the scam on the scam, and the police omitted without attaching it to the investigation record.

B. According to the evidence submitted by the prosecutor, the prosecutor 1) misunderstanding of facts (the charge of insult: the charge of insult) can sufficiently recognize the fact that the defendant publicly insultingd the victim as stated in the facts charged in this part.

The judgment of the court below which acquitted this part of the facts charged is erroneous by mistake.

2) The punishment sentenced by the lower court (two million won in penalty) is too uneased and unfair.

2. Determination

A. The defendant's mistake of facts; and

유사 판례

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