logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.09.30 2016노1107
공무집행방해등
Text

All judgment of the court below shall be reversed.

Defendant

A shall be punished by imprisonment of one year and two months, and the defendant B shall be punished by a fine of two million won.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (as to Defendant A), each sentence (as to the first sentence: imprisonment with prison labor for one year, suspension of execution for two years, and second sentence for three years: imprisonment with prison labor for ten months) that the court below sentenced to the above defendant is unreasonable.

B. As to Defendant A (the third judgment of the court below), mistake of facts or misapprehension of the legal principles, ① interference with the performance of official duties, the Defendant merely expressed a desire to police officers, and did not assault police officers as stated in the facts charged, and the Defendant did not commit a crime of interference with the performance of official duties on the date that occurred in the course of resisting the illegal performance of official duties by police officers.

(2) As to each damage to property, documents damaged by the defendant are attached by unauthorized persons, and the defendant is merely removed as part of performing his/her duties as the chairperson of the representative council of occupants, and the crime of destroying property is not established.

(3) As to the crime of violence, the defendant only Yel in a way that defends the victim, and there was no assault as described in the facts charged.

(4) On the part of the injury, the Defendant did not have any act of assaulting the victim BA to inflict any bodily injury.

⑤ Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which found the Defendant guilty of all the charges of this case, thereby adversely affecting the conclusion of the judgment.

2) The sentence sentenced to the above defendant (one hundred months of imprisonment) by the first instance court of the sentencing was too unreasonable.

(c)

Defendant

B Each sentence sentenced to the above defendant (the first instance court: the second instance court; the second instance court; the imprisonment with prison labor for four months; the suspension of execution for one year) is excessive and unfair (the above defendant explicitly withdraws his assertion of misunderstanding of facts or misapprehension of legal principles as to the first instance judgment on the trial date at the first instance court trial). 2. Prior to judgment on the grounds for appeal by the prosecutor and the defendants ex officio, prior to the judgment on ex officio, the health unit, this court’s judgment No. 1, the second instance court, and the third instance court’s judgment.

arrow