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(영문) 청주지방법원 2017.08.18 2017노284
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won in penalty) is too unhued and unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the ex officio judgment.

Where a group of public officials who perform the same official duties commits violence or intimidation against multiple public officials, the crime of obstructing the performance of multiple official duties is established according to the number of public officials who perform the same official duties, and where the act of assault or intimidation was committed in the same opportunity at the same place, and is assessed as one act under the social concept, the crime of obstructing the performance of multiple official duties is in a relationship of common concurrence (Supreme Court Decision 2009Do3505 Decided June 25, 2009). The defendant is recognized to have committed an assault by a police officer at the same time, on the ground that he/she arrested the defendant in the act of violence on the street in the eth of the eth of the eth of the eth of the eth of the 2nd of the eth of the eth of the 2nd of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the son.

In full view of the above facts, the defendant's act of obstructing the performance of official duties was committed in the same place at the same time, and thus, it should be deemed that the defendant's act of obstructing the performance of official duties constitutes an ordinary

Nevertheless, the court below erred by misapprehending the legal principles on commercial concurrence, and thus the judgment of the court below cannot be maintained any more.

3. The judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, on the grounds that there are grounds for reversal ex officio as above. The judgment below is reversed, and it is again decided as follows.

【Re-written judgment] The summary of facts constituting an offense and evidence presented by the court is identical to each corresponding column of the judgment below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

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