특수공무집행방해등
1. The part of the judgment below against Defendant A and B shall be reversed.
2. Defendant A and B are subject to each fine of KRW 7,00,000.
1. The summary of the grounds for appeal is too unreasonable that each sentence imposed by the court below (each sentence imposed by the defendant A, B: 8 months of imprisonment, 2 years of suspended execution, 3 million won of each fine) is too unreasonable.
2. The instant crime committed by the Defendants and about 70 participants in the assembly are not good enough to commit the instant crime, such as keeping the Defendants and the participants in the assembly beyond the line of order and obstructing police officers from performing their legitimate duties.
However, the crime of this case is a favorable circumstance for the following reasons: (a) there are circumstances to consider the fact that the police officers mispercing the packages of the Defendants prepared in advance as the illegal demonstration goods were caused by the participants of the assemblies that have been partly interested; (b) there seems to be no police officer due to the crime of this case; and (c) the fact that the company wants the Defendants to take a preference against the Defendants at the company’s point.
In full view of the aforementioned circumstances and other circumstances, comprehensively taking into account the circumstances surrounding the instant crime, the age of the Defendants, criminal records, and the circumstances after the crime, etc., each punishment against Defendant A and B is too heavy.
and each type of punishment against Defendant C and D is too heavy.
shall not be deemed to exist.
3. In conclusion, Defendant A and B’s appeal is reasonable, and as such, Defendant A and B’s appeal is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the part of the judgment of the court below regarding Defendant A and B is again decided as follows through pleadings. Since Defendant C and D’s appeal are without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.
[Judgment used again for Defendant A and B] The summary of the facts constituting an offense and evidence recognized by this court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Defendant A of the pertinent Article of the Criminal Act concerning the crime: Articles 144(1) and 136 of the Criminal Act.