logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.02.13 2018노3154
특수공무집행방해치상등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is too unreasonable.

2. The Defendant, at the instant assembly, took part in the act of hiding a police officer’s camera in the process of destroying a candlelight set up in a candlelight square, which was committed by some participants beyond the scope of report, and using violence against police officers engaged in evidence collection activities.

As a simple participant in an assembly, the Defendant appears to have committed a crime of cutting a camera by reporting and interesting the appearance of other participants to take the camera while destroying the above sculpture and exercising violence against police officers engaged in evidence collection activities, and committing a crime of cutting the camera in a contingent manner. The Defendant is against the depth by recognizing errors in the lower court and the lower court court, and there is no substantial damage by returning the seized camera in the investigation process of the seized camera.

Meanwhile, the freedom of assembly, including a demonstration, is a fundamental right to freely express his/her opinions and arguments in group, and should be guaranteed to the maximum extent possible, but should be made peacefully, and the harmony with other legal interests should be sufficiently taken into account. As such, the Defendant’s liability for committing a violation of public order cannot be deemed to be somewhat less than the limit of the freedom of assembly.

In addition, considering the various circumstances, such as the Defendant’s age, character and conduct, environment, family relationship and social relation, motive and means of the instant crime, and circumstances after the instant crime, it is not recognized that the lower court’s punishment is too unreasonable.

The defendant's above assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow