beta
(영문) 부산지방법원 2012.10.12 2012노1124

공무집행방해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 200,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the charges on the ground that the defendant's act did not reach the degree of assault and intimidation necessary for the crime of obstruction of performance of official duties by causing assault and intimidation to D and E, who are public officials belonging to the above residents' self-governing center, in the same manner as stated in the facts charged, in light of the date and time stated in the facts charged, although the defendant committed assault and intimidation to the extent of obstructing the execution of official duties in the manner as stated in the facts charged, the court below found the defendant not guilty of the charges on the ground that the defendant's act did not amount

2. Before the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor tried to look at the first facts charged by the prosecutor, and at the trial, the defendant found the Busan-gu Residents' Self-Governing Center under the influence of alcohol on November 4, 2011. The defendant sent to E (the 28 years old) who is a public official of the above Residents' Self-Governing Center, one of the 2 miless stored in the defendant's store, and one of the 2 miless stored in the above E in the defendant's store, and the rest one of the other was put on the civil service center of the above Residents' Self-Governing Center, and the defendant did not interfere with the above E by assaulting other personnel of the above Residents' Self-Governing Center, and by assaulting them continuously. The defendant did not interfere with the above affairs of the public official, who is a public official of the above Residents' Self-Governing Center.