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(영문) 수원지방법원 2018.11.14 2018노3836
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the “F of social service personnel” did not respond to the Defendant’s civil petition and continued personal conversations, and expressed the Defendant’s desire.

Therefore, in order to resist the chief of the station, the defendant entered the service room, carried a large sound, pushed the F's body, etc., and carried out an act of threatening F to commit an act of threatening the defendant at the time.

In the end, F was a lawful official duty at the time of the instant case.

Therefore, the defendant cannot be seen as having interfered with the execution of official duties.

The judgment of the court below that found the Defendant guilty of the charge of interfering with the execution of official duties of this case is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the lower court: (a) at the time of the instant case, F was a social service worker belonging to the Korea Railroad Corporation and was engaged in the customer guidance service by putting in uniform from the history of the D Station; and (b) as the Defendant went through the subway station that he had to get under the influence of alcohol and went out from the D Station, it was erroneous in the subway after the opening of the opening outlet.

At the same time, the path was asked, and F was directed the defendant of the subway exit, and C was able to enter the service room according to F while taking a desire to F, and the defendant was able to take a bath while taking a desire to F. In this regard, the police investigation conducted by the defendant.

It is not possible to see whether the mixed-level language was intended for the principal.

The phrase "(23 to 24 pages of evidence record)", and 4. The defendant should not have a telephone in the service office.

The term "as it is so sound that the F will take a bath with a large sound as stated in the facts charged in this case.

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