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(영문) 광주고등법원 (전주) 2013.11.26 2013노208
특수공무집행방해치상등
Text

The judgment below

The part against Defendant F, G, H, and I shall be reversed.

Defendant

F. G, H, and I shall be punished by imprisonment of one year and six months, respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1 and 1) The Defendant 3 merely cited large trees, and there is no fact that he was a marine police officer with large trees.

B) Defendant D only marks the insertion, and there was no time to see the maritime police officer. C) Defendant F, G, H, and I did not have any dangerous weapon at the time when the maritime police officer went to the fishing vessel, or interfered with the passage of the maritime police officer. (2) The lower court’s sentence of unfair sentencing (Defendant A: imprisonment of 3 years and 7,00,000 won, and fine of 3 years and 7,000,000 won, Defendant B: Imprisonment of 3 years, 2 years, Defendant F, G, H, H, and E, respectively, and one year and 6 months), is unreasonable.

B. The prosecutor (unfairly unfair) of the court below's sentence (the defendant A: imprisonment of three years and six years and fine of 7,000,000 won; imprisonment of three years, defendant C, D, and E; imprisonment of two years, defendant F, G, H, and I; imprisonment of two years, defendant F, H, and I; one year and six months, respectively) is too unfford.

2. Determination

A. In a case where two or more persons are jointly processed in one of the crimes against Defendant 3 or 9’s assertion of mistake of fact, the conspiracy does not require any legal punishment, but is a combination of intent to realize a crime by combining two or more persons jointly processing and processing the crimes. Even if it comes to an implicitly, if the combination of intent is formed through multiple doctors, the conspiracy relation is established, and even those who do not directly participate in the act of conspiracy are held liable as a co-principal for another person’s act, and if they intend to jointly engage in the act of conspiracy, the co-principal of the result is established, and if they intend to jointly perform the basic act, it is not necessary to jointly intend to jointly perform the result. Thus, the crime of causing special obstruction of performance of official duties is a public official by assaulting and threatening the public official performing duties with a dangerous object.

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