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(영문) 수원지방법원 2016.11.17 2016노5709
업무방해등
Text

The judgment of the court below is reversed.

Article 6-C of the Judgment of the Defendant.

The crimes shall be punished by imprisonment with prison labor for not more than four months and by the remaining crimes.

Reasons

Summary of Grounds for Appeal

Defendant

In order to correct correct education for students on the problem of the discharge of the waste in the south-west side of the CF elementary school on April 12, 2016, the defendant found the second floor school room in the AF elementary school on April 12, 2016 and did not take the influence at the time, and did not talk with AG while sounding it.

On May 21, 2016, the Defendant only requested the AJ to thoroughly request the management of the AJ, which is equipped with a location tracking electronic device, at the AH police box on May 21, 2016, and did not take the influence of alcohol at that time, and did not take a bath while taking a sound to AK, or did not take a disturbance.

Nevertheless, the lower court convicted all of the charges of violating the Punishment of Minor Offenses Act among the charges of this case, thereby misunderstanding the facts, thereby adversely affecting the conclusion of the judgment.

(B) The Defendant, at around 08:40 on June 7, 2016, only engaged in the cultivation of a ship at AF elementary school, and did not interfere with the performance of official duties by showing the attitude that he/she seems to be able to take her hand to a police officer, who is a sports teacher, AM and a police officer exclusively in charge of the school.

At around 14:00 on June 7, 2016, the Defendant did not enter the AF Elementary School Administrative Office, and did not interfere with the performance of official duties by the employees of the said Administrative Office.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by convicting all of the charges of obstruction of the performance of official duties among the charges of this case.

In light of the fact that the Defendant, except for the violation of the Punishment of Minor Offenses Act and the obstruction of performance of official duties, recognizes all of the mistakes and commits a crime, the victim P and N does not want punishment, and the Defendant’s health is very poor due to pulmonary tuberculosis, etc., the lower court’s punishment of imprisonment of two years and fine of 90,000 won is too unreasonable.

Prosecutors (unjustifiable Practices).

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