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(영문) 부산지방법원 2017.08.10 2017노1891
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence of the court below (10 months of imprisonment) against the defendant on the summary of the reasons for appeal is too unreasonable.

2. Judgment ex officio prior to the grounds for appeal by the defendant;

Where an act of assault or intimidation was committed against multiple public officials performing the same official duties, the crime of interference with the performance of multiple official duties is established according to the number of public officials performing the same official duties, and where the act of assault or intimidation was committed in the same opportunity at the same place, and is evaluated as one act under the social concept, the crime of interference with the performance of multiple official duties is in a mutually competitive relationship (see, e.g., Supreme Court Decision 2009Do3505, Jun. 25, 2009). Since it is reasonable to evaluate that the crime of interference with the performance of official duties of police officers, such as policemen and policemen, dispatched to the scene of interference with the instant duties by receiving a report from the scene of interference with the instant duties, the crime of interference with the performance of official duties of police officers, such as policemen and policemen, etc., should be regarded as

Nevertheless, the court below erred by misapprehending the legal principles as to the number of crimes of interference with the execution of official duties, thereby adversely affecting the conclusion of the judgment. In this regard, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1.Article 40 of the Criminal Code of Trade and Trade.

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