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(영문) 청주지방법원 2017.03.09 2016노1115
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case, as to interference with the performance of official duties among the facts charged, since G and H resist resisted against the Defendant, while G and H were on the Defendant’s two arms, H left the Defendant’s arms, and thus, H left the Defendant’s arms. The Defendant who lost balance with G was in excess of the Defendant’s arms, and the Defendant did not intentionally interfere with G.

Therefore, the judgment of the court below that found this part of the facts charged guilty is erroneous and adversely affecting the conclusion of the judgment.

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

2. Judgment on the assertion of mistake of facts

A. On April 18, 2016, the Defendant: (a) received a report on around 16:00 on April 18, 2016 and received a request from H to the circumstances where the workplace located in the police station F District of the Republic of Korea, the Defendant did not withdraw; (b) but did so.

Defendant continued to move out of E by the Defendant’s figures and the police officers above, and continued to move out of E. However, as he was removed from G and H before the above E, the Defendant’s shoulder and body was obstructed by breaking the above G with his hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing and suppression of crimes.

B. The lower court found the Defendant guilty of this part of the facts charged in accordance with each evidence of the lower judgment, including the statement at the investigative agency of G and H, etc.

(c)

1) In the relevant legal principles, the burden of proof for the facts constituting an offense against which a public prosecution has been instituted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, even if there is no doubt as to the defendant's guilt, it is the benefit of the

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