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(영문) 대전지방법원 2014.12.04 2014노32

공무집행방해

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

Summary of Grounds for Appeal

The Defendant, who is a public official in charge of the Seo-gu Daejeon District Office (hereinafter referred to as the “instant community service center”), intends to spawn the defect that the Defendant attempted to spawn and spawn his own while keeping himself, and to attract him.

At the same time, F and other employees only moved out of F, and F did not have assaulted, and rather suffered injury from F by side gucks and bucks.

Furthermore, even if the Defendant assaulted F, the crime of obstruction of the performance of official duties is established only when the performance of official duties is legitimate. The F’s act of entering F beyond the Defendant and forced out of the Republic of Korea is an act of excessive pressure by physical force, and thus, the act of the Defendant against this act is deemed an unfair duty, and thus, the crime of obstruction of the performance of official duties is not established.

A mentally ill-minded defendant suffers from mental illness in the wind that has the head due to a traffic accident in the past, and at the time of the crime of this case, he was in a state of mental disability.

The sentencing of the court below's decision on unfair sentencing (2 million won of fine) is too unreasonable.

Judgment

In the case of a trial for ex officio determination, the prosecutor changed the facts charged in this case as stated below, and applied for amendments to Bill of Indictment with the purport of adding "Article 40 of the Criminal Act" to the applicable provisions of the Act, and since this court permitted this and changed the subject of the trial, the judgment of the court below was no longer maintained.

However, the defendant's assertion of mistake of facts as to the facts charged of this case is still subject to the judgment of this court, despite the above reasons for reversal of authority.

[Revised facts charged] On July 1, 2013, the Defendant took a bath at the Seo-gu Daejeon, Seo-gu, Daejeon, that he had not provided prior guidance to the Defendant’s living together with the welfare helpers N, and that D, a disabled person, did not have any prior guidance to apply for the food market.

참조조문