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(영문) 서울남부지방법원 2013.09.06 2013노1000
상해등
Text

The judgment below

Among them, the part of conviction, E, and D shall be reversed as to the obstruction of performance of official duties.

Reasons

1. Scope of the judgment of this court;

A. A. The Prosecutor’s progress 1) The Defendant’s slope E (hereinafter “E”)

(C) the charge of obstruction of the performance of official duties against the police officers, and C (hereinafter referred to as “C”).

(D) Gyeong-ju D (hereinafter referred to as “D”)

A) Each of the charges of obstruction of performance of official duties, each of the charges of injury to C, and the violation of the Road Traffic Act (recognition refusal), were prosecuted, and the lower court found guilty of the crime of injury to D and sentenced a fine of KRW 3,00,000 to the remainder of the charges, and acquitted the Defendant on the ground that there is no proof of criminal facts. (ii) The Defendant appealed on the ground of unfair sentencing against the guilty portion among the lower judgment. The Prosecutor appealed on the ground of unfair sentencing against the guilty portion (the part concerning the crime of injury to D) among the lower judgment. The Defendant appealed on the part of the lower court’s judgment on the ground of misconception of facts and misapprehension of legal principles as to the acquitted portion [E, D, and C’s obstruction of performance of official duties, the injury to C, and the violation of

On the other hand, the judgment of the court prior to the remanding of the case was rejected the prosecutor's assertion of mistake or misapprehension of the legal principles on the part of the judgment of the court below, and the prosecutor applied for amendments to the indictment that partially changed the facts charged before the remanding of the case. The judgment of the court below is reversed on the grounds that the judgment of the court prior to the remanding of the case was changed by permitting it, and sentenced to a fine of KRW 3,00,000 by recognizing the conviction as to the crime of injury to D among the facts charged against the defendant, and sentenced to the charges of obstruction of the performance of official duties against E and C, the injury to C, and the violation of the Road Traffic Act (recognition refusal). As to the obstruction of the performance of official duties to D, the court below acquitted the defendant on the grounds that the above facts charged committed injury to D

3. Returning.

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