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(영문) 부산고등법원 2016.12.14 2016노614

특수공무집행방해치상등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s sentence against the Defendants (Defendant A: Imprisonment of one year and six months; Defendant B’s imprisonment of one year; two years of suspended execution, etc. in one year; Defendant C: fine of four million won) is too unreasonable.

B. The sentence imposed by the lower court on the Defendant A and C of the Prosecutor is too unhued and unreasonable.

2. Determination

A. As to the assertion of unfair sentencing on Defendant A and the prosecutor’s assertion of unfair sentencing on Defendant A, the crime of this case interferes with the victim’s modern engineering by force in collusion with the Fminator to achieve his own request, and as a result, the assembly by the above union members interfered with the police, the crime of this case was focused on the charge of causing bodily injury to the pelball that requires medical treatment for about five (5) weeks in light of the head of the police, and the crime was serious, and the police was considerably concentrated at the time of the crime of the special obstruction of performance of official duties of this case, and the head did not wear any special protective gear at the time of the crime of the special obstruction of performance of official duties of this case. Thus, since Defendant A was able to have sufficiently predicted that Defendant A was able to suffer bodily injury on dangerous parts, such as head or face, etc. of the police who performed legitimate official duties, and was able to be punished by a fine of 5 (5) weeks during the general operation of this case.

However, the defendant A recognized all of the crimes of this case, and during the five-month detention period in this case, his mistake is divided in depth, and the defendant A appears to have committed the crime of causing obstruction of the performance of special duties of this case by interesting rapidly during the assembly, and the defendant A is deemed to have committed the crime of causing obstruction of the performance of official duties of this case.