공무집행방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In order to participate in a new society, the Defendant: (a) stated that the public officials of the DGu office were forced to resist the public officials of the D Gu office; and (b) stated that the public officials of the E and F were knife; (c) there was no fact in knife; or (d) avoided the Defendant from participating in the event site. Rather, it constitutes an illegal performance of official duties.
B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below as to the legality of the performance of official duties, the defendant was found to have obstructed the Seoul market in front of the event in the previous year and avoided disturbance, the defendant was also found to have been in front of the Seoul market at the event site on the day of this case, "the head of the D has been driving in the Seoul market", "the head of the Gu has been driving in the Seoul market", "the head of the Gu has been driving in the event site" as stated in the facts charged, and "the head of the Gu has a knife" as stated in the facts charged, and it is recognized that the public officials of the Gu office, such as E, prevented the defendant from entering the event site of the defendant. According to the above facts of recognition, the defendant's assertion in this part is not accepted, since it is a legitimate execution of official duties for the safety and smooth exercise of the participants.
B. According to the evidence duly admitted and examined by the court below and the court below, such as CCTV images and the statement of witness F on whether the Defendant used violence against E and F, the Defendant’s assertion on this part is without merit.
(c)
Although the defendant denies the crime and has been punished several times for the same crime, there are circumstances to consider the circumstances leading to the crime of this case, and the degree of interference with official duties is not much severe.