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(영문) 서울서부지방법원 2015.12.24 2015노636

공무집행방해

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, upon receiving a report of mistake of facts, tried to confirm the name of G by showing a high-tension attitude by the police officer G, who was called up upon receiving a report of mistake of facts. However, in the course of the Agination of the Defendant by the Agin himself, the Agin merely fell short of the wind of G with a larlar. Therefore, the Defendant did not interfere with the legitimate execution of official duties, and there was no intention to commit assault. 2) The punishment imposed by the lower court (a fine of five million won) is too unreasonable.

B. The sentence imposed by the court below is too uneasible and unfair.

2. Judgment on the defendant's assertion of mistake of facts

A. On September 3, 2014, around 02:55, the Defendant, at the first floor of the Seoul Mapo-gu Seoul Mapo-gu Seoul building C’s 1st floor “D,” the Defendant, on the ground that he, upon receiving a report from the police officer G belonging to the Seoul Mapo-gu Police Station F box, sent out a disturbance, such as refusing to pay the drinking value, destroying his mobile phone and booming for a large amount of interest, etc., and obstructed the Defendant’s legitimate performance of duties on the handling of the police officer’s 112 report.

B. The lower court determined that the Defendant interfered with the legitimate performance of G’s official duties on the grounds of the E’s respective legal statements, Defendant’s partial statements, photographs, etc., as employees of the police officer G, the police officer H, and the main station of “D,” sent together at the time of the instant case, and found the Defendant guilty of the facts charged in the instant case.

C. The assault and threat in the crime of obstruction of the performance of official duties in the relevant legal doctrine 1 of the party deliberation, should be sufficient to prevent public officials from performing their duties due to its nature.