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(영문) 부산지방법원 2019.10.17 2019노2196
특수공무집행방해등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and two months of imprisonment, and confiscation) is too unreasonable.

B. Prosecutor 1) In light of the fact that: (a) the Defendant visited the scene before the commission of the crime that “if he dies, he will do so”; (b) G at the scene of the crime that the Defendant visited the scene before the commission of the crime; and (c) G at the time, and D, all employees who were sniffing gasoline with the Defendant, stated that he was in charge of gasoline smelling; and (d) the National Institute of Scientific Investigation (“National Institute of Scientific Investigation”) stated that there was an unexplosible substance at the time when 24 hours have elapsed after sniffing the inflammable substance, it is recognized that the Defendant attempted to use the flammable substance at the time of sniffing the inflammable substance; (b) thus, it constitutes dangerous thing. Nevertheless, the lower court acquitted the Defendant of the charge of special obstruction of performance of official duties on the grounds that the Defendant did not pose a dangerous object. In so doing, the lower court erred by misapprehending the facts that affected the conclusion of the judgment.

2. Determination

A. Around March 20, 2019, the summary of the facts charged 1 on the prosecutor’s assertion of mistake of facts was that the Defendant, at around March 20, 2019, rendered a request for the provision of the first floor livelihood security and the basic livelihood benefits at the office located in Busan, the public official in charge should submit relevant documents, and that D’s submission of relevant documents was a public official of the C-gu Office.

After this, the defendant found in D, at around 11:00 on the 21st day of the same month, he returned to the livelihood security and office of the C office of the C-gu Office, and then removed the content at C-gu Office, and he demanded D to submit the related documents, i.e., ten thousand won for the calculation of tax base, the allowance of 40,00 won, the allowance of 40,000 won, the calculation of tax base, the calculation of tax base, the calculation of tax base, and the calculation of tax base, and the submission of the related documents.

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