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(영문) 광주고등법원 2014.05.22 2011노450 (1)

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Of the facts charged in this case, there is a question in light of the fact that there was no separate treatment on AB’s inception that the Defendant had been injured in relation to the crime of the bodily injury resulting from a special obstruction of performance of official duties under Article 12 at the time of the original trial, and considering the fact that it was difficult for the participants in the assembly to find out their descendants who have stuffed with their necks or sicks, there was a serious conflict with the police, and it is difficult for the Defendant to anticipate the act of assault by items of certain participants, and the Defendant did not take part in the organized violence, such as harming each item to the police, and thus, the Defendant did not take part in the organized crime of the bodily injury resulting from a special obstruction of official duties. As such, the lower court erred by misapprehending the legal doctrine on the joint principal offense of the bodily injury resulting

The sentence of unfair sentencing (two years of suspended sentence in one year and six months of imprisonment) of the lower court is too unreasonable.

Judgment

In a case where two or more persons jointly process a crime of law related to the determination of a mistake of facts, the conspiracy does not require any legal punishment, but is only a combination of intent to realize a crime through the joint processing of a crime by two or more persons. Even if it comes to an impliedly, if the combination of intent is achieved through the mutual consent of several persons, the conspiracy relationship is established, even if those who did not directly participate in the act of execution are held liable as a co-principal, and if they intend to jointly act as a result, the co-principal of the aggravated crime is established, and there is no need to jointly act as a basic act, and the intention to jointly act as a result is not necessary. Thus, the crime of bodily injury caused by a special obstruction of performance of official duties is a public official who executes his