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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2017.05.29 2016노8563
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: The facts charged in this case is not included in the corresponding offense itself and any offense deemed identical to the offense committed by the accused as stated in the notification disposition of respective penalties imposed on the accused, and thus, the accused paid a penalty in accordance with the notification disposition of the penalty;

Even if the effect corresponding to the final judgment does not extend to the facts charged in this case.

In this regard, the court below erred by misapprehending the legal principles as to the notification of penalty and the validity of the penalty payment.

2. The lower court determined that each of the acts stated in the facts charged in the instant case constitutes an offense itself, and that the remaining acts immediately after each notice constitutes an act recognized as identical to the above offense, based on the determination that the Defendant’s acquittal of the facts charged in the instant case should be determined on the following grounds: (a) in light of various circumstances revealed from each fact; (b) the time and place of the act committed against the Defendant; (c) the Defendant’s speech and attitude at the time of each notice; and (d) the Defendant’s speech and attitude at the time of the act recorded in the facts charged in the instant case; and (e) the circumstances leading up to each notice and the details of the offense.

In light of the records, a thorough examination of the evidence duly admitted and examined by the court below, the judgment of the court below that acquitted the defendant of the facts charged in this case is just and acceptable, and there is an error of law by misunderstanding the legal principles as pointed out by the prosecutor, which affected

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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