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(영문) 창원지방법원 2013.04.04 2012노2497

업무방해등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendants were guilty of the disturbance at “G main points” operated by the Victim F, there was no disturbance to the extent that it could interfere with F’s work at the time, the Defendants did not assault the police officer I or take a bath to I. Although Defendant C did not assault the Victim F, the judgment of the court below which found the Defendants guilty of each of the facts charged in this case against the Defendants was erroneous and adversely affected the conclusion of the judgment.

B. The sentencing of the lower court on the grounds that the sentencing of an unreasonable sentencing (the Defendant: a fine of five million won each) is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendants interfere with the duties of victim F as stated in the judgment of the court below, interfered with and insult the performance of duties of victim police officers I, and sufficiently recognize the facts that Defendant C abused the victim F. Thus, the defendants' assertion of mistake of facts is without merit.

B. Determination on the assertion of unfair sentencing is accepted: (a) Defendant B has no record of punishment for the same kind of crime; and (b) Defendant C is an initial offender who has no record of crime.

However, even if the Defendants denied each of the instant crimes up to the trial, and did not seem to seriously reflect the Defendants’ mistake, the Defendants did not seem to have made efforts to pay damages up to the trial. Defendant A was punished for the same kind of crime, and the crime of obstruction of performance of official duties is a crime detrimental to the State’s function by nullifying a legitimate exercise of public authority, and other circumstances, including the Defendants’ respective ages, character and conduct, intelligence and environment, motive and background of the crime, means, method, and consequence, the circumstances before and after the crime, and criminal record relation, etc., are comprehensively taken into account.