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(영문) 광주고등법원 (전주) 2016.12.22 2016노140
상해등
Text

All of the first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Applicant for medical treatment and custody.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below 1 and 2 is erroneous in the misapprehension of facts and misapprehension of legal principles as follows, which affected the conclusion of the judgment.

1) As to the crime No. 1 and No. 4 of the first judgment of the lower court, the Defendant and the requester for medical treatment and custody (hereinafter “Defendant”) are the defendants and the respondent for medical treatment and custody.

(ii) The Defendant’s act of obstruction of performance of official duties and injury to the Defendant’s act is to oppose unfair performance of official duties using full power, and constitutes a justifiable act that does not violate social rules and thus does not violate social rules, with respect to the first, second, fourth, and fifth crimes as indicated in the first instance judgment. As to the Defendant’s act, the Defendant’s act is a justifiable act that brings the mother and child to resist the illegal parking of the vehicle and to prevent the illegal parking of the vehicle. (ii) The Defendant’s act of obstruction of performance of official duties and injury constitutes a justifiable act that is against the unfair performance of official duties using full power.

3) The Defendant’s act of public performance and obscenity constitutes a justifiable act that does not violate the social rules, since it was intended to resist many women’s figures who were not decently decent, by putting in a short horse, and thus, constitutes a justifiable act that does not violate the social rules. 4) The Defendant’s act of interference with business was committed without intent to interfere with the duties of hotel employees and did not result in actual interference with business. The Defendant’s act was to resist the Defendant’s act of unfairly prohibiting the Defendant’s entry into the hotel, and constitutes a justifiable act that does not violate the

B. The punishment of the court of first and second instances (the first instance court: imprisonment with prison labor for two years, and imprisonment with prison labor for two months) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

The first instance court sentenced the defendant to two years of imprisonment, and the second instance to two months of imprisonment, respectively, and the defendant appealed against the first and second lower judgment.

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