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(영문) 서울서부지방법원 2016.03.31 2015노1178

공무집행방해

Text

Defendant

B, C’s appeal and prosecutor’s appeal against the Defendants are all dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B, C’s misunderstanding of facts and misapprehension of legal principles, Defendant B, and C, who are public officials of the J-gu Office, are first sealed, and only left behind the clothes of P in order to speak.

As such, since P cannot be seen as a lawful execution of official duties, the act of harming P does not constitute a crime of interference with the performance of official duties, and the act of harming P did not constitute a crime of interference with the performance of official duties.

shall not be deemed to exist.

Even if Defendant B and C’s act causes injury to P, it constitutes a legitimate defense since it exercised tangible power against illegal performance of official duties.

Therefore, there is an error of misunderstanding of facts and misunderstanding of legal principles in the judgment of the court below.

B. Prosecutor 1) The act of Qua, who is a public official of the J-gu office, claiming misunderstanding of facts or misunderstanding of legal principles with respect to Defendant A, temporarily prohibiting the entry of residents for maintaining order and maintaining the normal progress of a public hearing in front of the O entrance, which is a resident public hearing place, is a lawful performance

Defendant A’s act with violence against Q is clear that it interfered with the performance of official duties.

Therefore, the judgment of the court below which acquitted Defendant A on the obstruction of performing official duties is unlawful.

2) The lower court’s sentencing of Defendant B and C (the suspended sentence of KRW 500,00,000) on the grounds that the sentencing of Defendant B and C is unreasonable.

2. In full view of the following circumstances acknowledged in accordance with the evidence duly adopted and examined by the court of the original judgment regarding Defendant B and C’s assertion of misunderstanding of the facts, Defendant B and C, as stated in the facts constituting the crime of the original judgment, can be sufficiently recognized that Defendant B and C committed violence by putting back back clothes of P, which were less than the back of P, thereby obstructing the public official’s legitimate performance of duties for the smooth progress of the public hearing, and at the same time, Defendant B and C interfered with the public official’s legitimate performance of duties, which require approximately two weeks of medical treatment.