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(영문) 수원지방법원 2017.10.27 2017노4036
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for a year and a fine of five million won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the facts and misapprehension of the legal principles as seen below, the court below found the Defendant guilty of the facts charged of this case and erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

1) In relation to the obstruction of the performance of official duties on December 15, 2016, the Defendant only assessed the face face of D once and did not constitute three times.

2) In relation to the point of bodily injury on December 15, 2016, the Defendant: (a) was aware of the fact that he was aware of D’s face; (b) however, there was no fact that D was affected by D’s face.

3) With respect to interference with one’s own business on April 24, 2017, the Defendant was seated at the main point of “G” (hereinafter “the main point of this case”) entrance. Although there was a fact that the Defendant was seated beside the main point of “G” (hereinafter “the main point of this case”), he did not interfere with the victim’s main business by force for about 20 minutes, such as hinginging a bath, drinking, and leaving out of the room. However, there was no fact that he did not interfere with the victim’s main business by force.

4) With respect to the violation of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc. of Electronic Devices on April 24, 2017, the Defendant’s main points beyond self-determination, but did not violate the code of conduct on outing restrictions, since the Defendant was beyond self-determination and did not visit for the purpose of committing a crime.

B. The Defendant had a mental disorder at the time of committing the instant crime due to excessive drinking.

(c)

The punishment sentenced by the court below (one year and three months of imprisonment, and five million won of fine) is too unreasonable.

2. Determination

A. On December 15, 2016, the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, i.e., (i) made a concrete statement to the effect that D had taken three times from the Defendant at the police station; (ii) the statement was written to the same effect; and (iii) the Defendant also stated to the same effect.

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