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(영문) 서울남부지방법원 2016.03.25 2015노1812
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. In relation to the part of the judgment of the court below 2015 J. 4204 of the judgment of the court below, the court below erred by misapprehending the legal principles, on the following grounds: (a) Defendant’s daily act was demanded by police L, K, etc. to organize and leave the place; (b) Defendant’s act was committed as if he refused L’s demand; and (c) Defendant did so; (d) Defendant was arrested; (e) the Defendant was arrested; and (e) the Defendant expressed a desire to take care of the Defendant in a manner of an unfair arrest; and (e) the Defendant was committed in a manner of an unfair arrest as stated in the judgment of the court of first instance; and (e) the Defendant expressed a desire to take care of the Defendant as meaning of an unfair arrest; and (b) the Defendant was justifiable or legitimate act, which constitutes a defense or legitimate act, and thus, the court below erred by misapprehending the legal principles that recognized the offense of insult against the Defendant.

B. The sentence of the lower court’s unfair sentencing (eight months of imprisonment) is excessively unreasonable.

2. Determination

A. Regarding the assertion of misunderstanding of facts and legal principles, the court below and the evidence duly adopted and examined: ① on September 29, 2015, the victim K, a police officer of the Gu-ro Police Station I District, reported on September 112 that the defendant et al. would drink and sprinke in Seoul Guro-gu O Housing from the alleyway, and called to the above location after receiving 112 reports that the defendant et al. would drink and sprinke the above location; ② the defendant et al. in the past, sent the defendant et al. to the above location; ② the defendant et al. in the past, wanting to drink and sprink the alcohol on the road may be judged by the Punishment of Punishment of Minor Offenses Act; ② the defendant et al. was al. to move to the place, and the defendant et al. were al., who failed to comply with his desire while working on the road, and ③ the defendant et al. were put to the mal to put it to a bath.

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