logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.12.20 2018노4801
공무집행방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A did not have any error in the misapprehension of the facts and legal principles of Defendant A, and the lower court erred by misapprehending the legal principles as to the physical freedom, disruption principle, legitimate defense, or legitimate act.

B. In light of the circumstances surrounding the Defendants’ wrongful assertion of sentencing, the lower court’s sentence against the Defendants (Defendant A: a fine of KRW 5 million, Defendant C: a fine of KRW 4 million) is too unreasonable.

2. Determination:

A. The above defendant's assertion of misunderstanding the facts and misapprehension of the legal principles of defendant A also asserted the same in the court below, and the court below rejected the above argument in detail under the title "a judgment on the defendants' and defense counsel's assertion" in the judgment below.

Comprehensively taking account of the evidence duly adopted and examined by the court below, it can be sufficiently recognized that the above defendant assaulted police officers who lawfully performed official duties as shown in the judgment below and obstructed police officers' legitimate performance of official duties, and such act does not constitute a legitimate defense or legitimate act.

Therefore, the above defendant's above assertion is rejected.

B. As to the Defendants’ wrongful assertion of sentencing, the Defendants came to have become an adult age, and there is no record of criminal punishment in addition to the records of juvenile protective disposition.

However, considering the fact that the Defendants, at the time of the instant case, who were minors, did not comply with the police officers’ instructions that recommended them to return to Korea upon receiving the residents’ reports, and that the Defendants expressed a desire and set up against police officers, and that such Defendants’ criminal acts are serious public authority and need to protect the legitimate execution of public authority, and thus, it is necessary to strictly punish the Defendants, and other Defendants’ age, sex, environment, and environment.

arrow