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(영문) 창원지방법원 2018.07.12 2018노1054
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. In fact-misunderstanding and legal principles 1), the Defendant, who was transferred to South prison from August 2, 2017 to August 8, 2017, did not pay high blood pressure, and the public official did not perform his/her official duties properly. Since the position to enjoy personalphones and emergency bells is not distinguished in South Korea prison, the Defendant did not take an emergency bell more than 72 times but did not take an emergency bell total of 72 times without any special reason. However, the lower court recognized the Defendant to take an emergency bell total of 72 times without any special reason. In so doing, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine.

2) Even though the Defendant used as a string of the string of the strings on the strings, but the strings did not damage the strings, the Defendant damaged the strings on the strings.

The judgment of the court below is erroneous in the misapprehension of facts and legal principles.

B. At the time of each of the crimes of this case, the Defendant was physically and mentally weak due to symptoms of bipolar disorder.

(c)

The punishment of the court below (one year and six months of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for ex officio appeal, the prosecutor examined ex officio the part of the facts charged against the Defendant’s damage to Article 2(2) of the facts charged against the Defendant, “The Defendant, at the trial on August 7, 2017, 10:30, i.e., the paper that is public goods kept in the ward, i.e., the paper string back in the water, and then put the water into the toilet change machine, thereby impairing its utility by damaging goods used by public offices equivalent to KRW 330,000 at the market price.

“On August 7, 2017, the Defendant, at the foregoing ward on August 10:30, 2017, damaged the use of the materials used by public offices equivalent to KRW 3,300, the lower price of the water in the toilet, after taking a string of the strings of the strings, which are public goods kept in the ward, by placing the string of the strings into the water, and thereby damaging their utility.

“Application for Amendments to Bill of Indictment” has been filed, and ...

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