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(영문) 울산지방법원 2018.08.23 2018노457
위계공무집행방해
Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. In addition, the Defendant did not talk to F, G, etc. about the other person’s scam, and there is no room to see that the Defendant’s scams are mixed with another person’s scams and submitted to an investigation agency.

Nevertheless, as the court below found the Defendant guilty, the court below erred by misapprehending the facts.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted by this court as to the assertion of misunderstanding of facts, the Defendant asked the F to a investigative agency for the concealment of the fact of scopon medication, and G upon the F’s request from the F to put his scopon into a cigarette and deliver the scopon to the Defendant. As such, the Defendant sufficiently recognized the fact that G’s scopon delivered as above was mixed with his scopon and submitted to an investigative agency, the lower court erred by misapprehending the legal doctrine.

shall not be deemed to exist.

① On November 21, 2015, at around 00:40, the Defendant submitted her urine to the Busan Western Police Station office, and conducted a simple trial (the first urine test). However, the police officer discovered the result of the above examination as a voice reaction and discarded the result of the above urine and a simplified trial test.

The police officer requested the defendant to voluntarily submit his/her re-defluence to the defendant, but the defendant refused to voluntarily submit his/her re-defluence until the defendant's pro-Japanese and his/her neighbors arrive

② Upon contact with the Defendant, F, G, N (Defendant’s pro rata type), and 1 female has been working in the above police station, and the Defendant again submitted urines and conducted a simple trial test on November 21, 2015 (the second urine test). According to CCTV images of the police station office at the time of the police station office, F gets the horses to the said police officer, thereby blocking the police officer’s vision and preventing the police officer’s vision.

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