업무방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
The summary of the grounds for appeal (misunderstanding of facts or misapprehension of the legal principles) fact, or interference with the misunderstanding of the legal principles, that the defendant did not get off a bus between about one hour and twenty minutes, but this constitutes a legitimate act as a response to the demand of the injured party for the lower demand, which does not violate the social rules.
The defendant related to the obstruction of the performance of official duties was a process of the police officer E to illegally arrest the defendant, but did not directly attack E with the intention of assaulting E.
There has been no violence against E.
The punishment sentenced by the court below (six months of imprisonment, two years of suspended sentence) is too unreasonable.
Judgment
Article 20 of the Criminal Code provides that an act that does not violate the social rules does not punish a person who interferes with the determination of a mistake or misunderstanding of facts. According to such provision, even if an act appears to meet the requirements for the formation of a crime in light of the language and text of the law, the illegality cannot be dismissed and punished only when it appears to be within the scope of the social order which has been historically created as one of the ordinary living forms, and a certain legal nature is not completely unlawful as a result of social development.
If it is possible to evaluate that the punishment is contrary to social justice as well as the recognition and punishment without value, or that it was conducted as a means of social reasonableness in light of the purpose value of a liberal democracy society, it does not violate social norms (Supreme Court Decision 82Do357 delivered on February 8, 1983). It is an act that does not violate social rules.
means the spirit of the entire legal order or its hinterland.