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(영문) 청주지방법원 2020.05.21 2020노146
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles by hand, the Defendant did not commit an assault or harming the victim, such as making the victim’s breath, and did not commit an injury. Although the injured party’s wife was extremely minor and did not constitute an injury, the lower court erred by misapprehending the legal doctrine on the obstruction of performance of official duties and the crime of injury, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the facts can be acknowledged after the Defendant took care of the victim's body in the process of performing official duties, and the victim's chest and face at the same time with his head, and the victim took care of the victim's chest on the victim's body on the day of the case, and took care of the victim's body on the day of the case, and took care of the victim's body on the part of the victim, and took care of the victim for two weeks, and took care of the victim's body on the part of the victim's body on the day of the case, and took care of the victim's body on the part of the victim for

In light of the background and degree of the above violence, the victim's pain and degree thereof, and the time of hospital treatment and the period of taking medicine, etc., it is determined that the victim suffered the injury due to the Defendant's assault, and the victim's injury is extremely minor and cannot be naturally cured. Thus, the injury caused by the victim constitutes the crime of injury.

Therefore, the judgment of the court below that recognized the defendant's obstruction of performance of official duties and injury is just, and there is no error of misconception of facts or misapprehension of legal principles alleged by the defendant.

B. It is reasonable for the Defendant to give the victim an explanation on the civil petition treatment from the public official of the Gu office, who is the victim, to give the victim an injury identical to the facts of the crime.

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