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(영문) 부산지방법원 2018.05.17 2017노4615
공무집행방해등
Text

The judgment of the court below is reversed.

The case is remanded to the Busan District Court's single division for the Dong Branch of the District Court.

Reasons

1. Summary of grounds for appeal;

A. According to the contents of the written application submitted to the court below by misunderstanding the facts or misunderstanding the legal principles (Dismissal of the indictment), the above victims clearly sought a preference only for the obstruction of the Defendant’s performance of official duties, but the court below revoked the complaint against the insult portion.

Since the court below dismissed the public prosecution on this part, it erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court (six months of imprisonment, one year of suspended execution, one year of protection observation) is too uneasible and unfair.

2. According to the reasoning of the public prosecutor’s appeal as to the dismissal of the public prosecution, according to the reasoning of the judgment of the court below, the victim C and D’s written application filed by the defendant in the court records, the complainant, “The victim, who was the complainant, was the victim only once, who interfered with the execution of public duties according to the truth against the defendant’s truth.

“The fact that the Defendant prepared a written application against the Defendant may be recognized.”

Therefore, the court below dismissed the prosecution against the above victims on the ground that they had withdrawn their complaint as to the insult of each of the above victims. Thus, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment. The prosecutor's assertion pointing this out is with merit.

3. Therefore, the prosecutor's appeal against the dismissal part of the judgment of the court below as to the dismissal part of the prosecution should be reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the guilty part of the judgment of the court below should be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Procedure Act with the dismissal part of the prosecution and the judgment of the court below without examining the prosecutor's unfair argument of sentencing, and the Criminal Procedure Act

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