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(영문) 서울중앙지방법원 2016.06.24 2016노225
공무집행방해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of 1 deliberation on the Defendants (unfair sentencing) by the prosecutor (defendant A: fine of 10 million won, Defendant B: fine of 3 million won) is too uneased and unreasonable.

B. Defendant A1) misunderstanding of facts, misunderstanding of legal principles, Defendant A’s statement of reasons for appeal sent by Defendant A on March 29, 2016 was reflected to the extent of supplementing the reasons for Defendant A’s appeal.

The same shall apply to Defendant B.

Arrest of flagrant offenders is required as the requirement. ① Defendant A expressed that he was a lawyer at the time of the dispatch of the police, and Defendant B, who served as the head of the law firm team at the same time, delivered his name to the police officer, so there was no risk of escape. ② Defendant A had no possibility of destroying evidence so long as Defendant A had assaulted G and F in the presence of the police officer.

Therefore, arresting the police officer A as an offender in the act of violence constitutes an illegal performance of official duties, and the act of assaulting the police officer by resisting the police officer does not constitute a crime of interference with the performance of official duties, and it is justified as a legitimate defense.

2) The first deliberation punishment for Defendant A, who is unfair in sentencing, (10 million won) is too unreasonable.

(c)

Defendant

B1) Since the misunderstanding of facts, misunderstanding of the legal doctrine, and arrest of Defendant A as an offender in the act of assault is illegal performance of official duties, Defendant B resisted from this resistance and brought Defendant A behind the police officer, and the act of harming the police officer does not constitute a crime of interference with the performance of official duties, and the illegality is excluded as a legitimate defense.

2) The first deliberation punishment for Defendant B, who is unfair in sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination:

A. Determination on Defendant A’s misunderstanding of facts and misapprehension of the legal doctrine 1) Interference with the performance of official duties under Article 136 of the Criminal Act is established only when the performance of official duties is lawful. Here, lawful performance of official duties is limited to that of a public official’s abstract authority.

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