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(영문) 광주지방법원 2016.01.26 2015노2569
특수공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of six months, the suspension of execution of two years, the observation of protection, one year of community service work, 120 hours) is too uneased and unreasonable.

2. Where the act of assault and intimidation was committed against multiple public officials who perform the same official duties ex officio prior to judgment on the grounds for appeal ex officio, the crime of obstructing the performance of multiple official duties is established according to the number of public officials who perform official duties. Where the above act of assault and intimidation was committed in the same opportunity at the same place, and it is assessed as one act in light of social norms, the crime of obstructing the performance of multiple official duties is in a mutually competitive relationship.

The act of obstructing the performance of the special duties in this case against the defendant E and the police officer F based on the above legal principle is conducted in the same opportunity at the same place, and thus, it is evaluated as one act in light of social norms, and thus there is a commercial competition relationship.

It is reasonable to view it.

Nevertheless, the court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of the judgment, since the court below dealt with the defendant's obstruction of performing special duties as concurrent crimes.

Therefore, the judgment of the court below is no longer maintained in this respect.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 144(1) and (2) of the Criminal Act concerning the facts constituting an offense.

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