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(영문) 대구지방법원 2015.01.16 2014노1279
공무집행방해
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor of three million won) of the lower court is too unreasonable.

2. Ex officio determination

A. The summary of the facts charged is as follows: (a) the Defendant, along with B after the university, was on board and was willing to look at how the width of the vehicle stored in the vehicle was at a nearby unit, while operating the vehicle with C AAbrost-pured car.

On October 8, 2013, at around 01:40, the Defendant and B, according to the above public offering, stopped a car at the end of the 7516 unit outer wall of the 7516 unit in north-ri, and moved from the vehicle to the ward in the direction of the ward, and the Defendant and B, in compliance with the above public offering, moved the car from the vehicle to the ward in the direction of the ward. On the back, the Defendant kept the vehicle in front of the width (4.5cm in total length) and applied the car to the roof of the ward in the ward.

As a result, it was required that D soldiers who were on duty in the sick and wounded soldiers at the time to listen to the explosion of heavy coal and to make a report to the upper department by misunderstanding that an emergency occurs, and the five-minute combat atmosphere and the information analysis group inside the military unit are called out.

Accordingly, in collusion with B, the Defendant interfered with the legitimate execution of duties in the military unit by deceptive means.

B. The lower court found the Defendant guilty on the facts charged of this case.

C. (i) The offense of obstruction of performance of official duties by fraudulent means is established in cases where the other party misleads the other party, knows, or makes him/her mistake in order to achieve the purpose of the act, and uses the land so as to make him/her mistake, mistake, or make him/her mistake or make a disposition with regard to the lawful duties of the public official delegated by the law. In the crime of obstruction of official duties by fraudulent means, a deceptive scheme means that the other party misleads the other party, knows, or makes him/her a site and uses the land in order to achieve the purpose of the act, and the other party commits this crime only if he/she makes a mistake or makes a disposition with regard to the wrong act or disposition.

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