(영문) 서울남부지방법원 2021.01.21 2020노731

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(영문) 서울남부지방법원 2021.01.21 2020노731

공무집행방해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was guilty of the facts charged by misapprehending the legal principles or misunderstanding the fact that the Defendant was guilty, even though the Defendant did not have the intent of assault and bodily injury, or did not violate the social rules, inasmuch as the Defendant did not have the intent to commit assault and bodily injury, and the Defendant was found guilty.

B. A prosecutor 1) Although the Defendant had the intent to inflict an injury on the victim, the lower court acquitted the Defendant on the facts charged of the injury, and erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) The sentence of the lower court (eight months of imprisonment, two years of suspended sentence) is too unhued and unreasonable.

2. The Prosecutor’s motion to amend the indictment, while maintaining the facts charged as to the injury of which the lower court acquitted in the trial, added the charges of assault and bodily injury, such as “criminal facts,” to selective (elective) and applied Articles 262 and 260(1) of the Criminal Act, and applied Articles 262 and 260(1) of the Criminal Act to selective (elective). Since this Court changed the subject matter of the trial and permitted this, the lower judgment was no longer maintained.

3. The judgment of the court below is reversed, without examining the prosecutor's improper assertion of sentencing pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows (Provided, That the defendant's assertion of mistake of facts or misapprehension of legal principles and the prosecutor's assertion of mistake of facts or misapprehension of legal principles as to the previous facts charged prior to the change of indictment as seen above is related to the judgment of the court below as to the previous facts charged prior to the change of indictment

참조조문

-형법 제260조 제1항

-형법 제262조

유사 판례

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-수원지방법원 2018.08.27 2018노1998

-서울북부지방법원 2016.05.27 2016노176