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(영문) 부산지방법원 2013.05.16 2013노778
공무집행방해등
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 regard to the obstruction of performance of official duties, the Defendant merely requested D, the main owner of “E” at the time, and caused the Defendant to go to the earth by leaving the police officer G and H, who was called up with D’s report, and caused the Defendant to go to the earth by leaving the earth. Without any error, the Defendant forced the police officers in the said earth, leading the Defendant to the earth without any assault. Nevertheless, the lower court erred by misapprehending that the Defendant interfered with the legitimate execution of duties of the said police officers by taking fals, such as the police officers G, etc., and balpting the arms, thereby obstructing the Defendant from drinkinging the Defendant. In relation to the crime of assault, at the time of the Defendant’s crime of assault, the Defendant committed an unlawful act that affected the conclusion of the judgment by misunderstanding that the Defendant interfered with the police officers’ legitimate execution of duties. 2) At all times, at the time of this part of the crime of assault, the Defendant was in a state of mental and physical disability to the extent that burnishing.

B. The lower court’s imprisonment (one year of imprisonment) on the ground of unreasonable sentencing is too unreasonable.

2. Determination

A. According to each evidence, in particular, G and H’s testimony that the court below legitimately adopted and investigated on the allegation of misunderstanding of facts or mental or physical disability, each of the evidence, evidence, in particular, G and H’s assertion that the police officer G dispatched upon receiving a report from the Defendant to “E” main point of “E” and asked G to return to the Defendant as the main business hours have expired. However, the Defendant: (a) while carrying out a bath to G, “Iskh’s sh’s sh’s sh’s sh’s sh’s sh’s sh’s sh’s sh’s sh’s sh’s sh’s sh’s sh’s sh’s sh’s sh’s sh’s sh’s left sh’s sh’s sh’s sh’s sh’s sh’s sh’s h’s s s h’s s h’s h’s h’s s s s.

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