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(영문) 서울서부지방법원 2016.11.03 2016노142
공무집행방해등
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

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

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant C and D’s misunderstanding of facts or misapprehension of legal principles 1) did not see the victim’s O’s flabbbage in excess of the bottom, and Defendant D did not commit an act that did not smuggling L’s boat or divide the victim’s O’s flab by hand. 2) Defendant C and D visited members of the Yongsan-gu Office (hereinafter “I”) for the purpose of responding to an administrative fine imposed on the victim’s flabage due to the illegal operation of the flab, not visiting the above office in order to inflict an injury on the victims.

Although there may be possibility that the crime that interferes with the execution of official duties may be derived in the above visit process, the above Defendants could not expect that the injury to the victims would have occurred, and the above Defendants did not have any implicit conspiracy as well as individual communication with regard to the injury between the above Defendants, since the above Defendants could not expect that the injury would occur to the victims.

Therefore, as to the injury of Defendant C and D, it should not be subject to Article 30 of the Criminal Code, but be evaluated for each of the defendants.

3) Nevertheless, the judgment of the court below which found the defendants guilty of this part of the facts charged on the grounds that they conspired to injury the victims, and there is an error of law by misunderstanding the facts or by misunderstanding the legal principles, which affected the conclusion of the judgment. (b) The court below's allegation of unfair sentencing as to the defendants A, C, D and prosecutor's defendant A and B (the two years of suspended execution of August 2 and fine of fine of KRW 3 million), the two years of suspended execution of August 2, the two years of suspended execution of imprisonment, the eight months of imprisonment, and the defendant C: the two years of suspended execution of August 8, and the two years of suspended execution of August 2, the defendant B, C, and D. The prosecutor asserts that the sentencing of the court below against the defendants A and B is too unreasonable

2. Prior to the judgment on the grounds of appeal by Defendant C.

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