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(영문) 서울동부지방법원 2021.03.12 2020노1608
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of the legal principles 1) The Defendant who interfered with the performance of official duties did not have any intention to interfere with the performance of official duties, and the victim was interfered with the performance of official duties due to the above Defendant’s act.

shall not be deemed to exist.

2) The Defendant in violation of the Punishment of Minor Offenses Act was holding cash sufficient to pay the food at the time of the instant case, and was willing to pay the food for him, but did not intend to receive the food for him from the beginning.

B. The punishment sentenced by the lower court (one hundred thousand won per six months of imprisonment and fine) is too unreasonable.

2. Determination

A. Judgment 1 on the assertion of misunderstanding of facts and legal principles is established by assault or intimidation against a public official performing official duties. The assault at this time is an act of exercising an unlawful tangible power against a public official, and is not directly or indirectly, or not. However, the assault is against a public official performing official duties in light of its nature and should interfere with the public official’s performance of duties (see Supreme Court Decision 2006Do9020, Mar. 16, 2007). According to the evidence duly adopted and examined by the court below, it is recognized that the chest part of the police officer sent to prevent the Defendant from engaging in the act of interfering with the police officer’s duties and the police officer’s chest part of the police officer to the extent that the police officer will be pushed ahead of the police officer’s duty, and such act is a tangible force for the police officer performing his duties.

In addition, in full view of the dispatch circumstance of police officers, uniforms of police officers, and speech and behavior of the defendant at the time of the defendant's person, the police officers performing their duties at the time of the defendant's act to injure police officers.

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