logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.07.12 2016노2568
업무방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as described in paragraph (2) of the instant facts charged, did not have committed assault, such as breaking the h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h.

Nevertheless, the judgment of the court below which found the defendant guilty of the obstruction of the performance of official duties is erroneous by misunderstanding the facts and affecting the judgment.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of eight months, the suspension of execution of two years, and the community service order of 80 hours) is too unreasonable.2.

Judgment on the misunderstanding of Facts

A. On June 19, 2016, at the convenience store operated by the victim D on June 18:15, 2016, the Defendant was unable to take part in this part of the facts charged, after having received the report from D’s 112 that he frighted a fright, the Defendant took part in a fright fright at the convenience store operated by the victim D, who was in the Government-Si of the Government-si, and received the report from D’s 112, who took part in a fright fright at the seat of the G police station of the Gu government Police Station, the Defendant was able to take part in a frightering fright out of the convenience store.

In addition, the Defendant committed assault, such as putting the horse H with the horse h that he want to go out of his convenience store, putting the horse h’s h’s body in one time with the horse h’s h’s h’s h’s h’s h’s h’s body with the two hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

B. The lower court found the Defendant guilty of this part of the facts charged.

(c)

1) The assault in the obstruction of the performance of official duties in the relevant legal doctrine is an act of exercising an illegal tangible power against a public official, and is not directly, indirectly, or not prohibited, but the assault is against a public official who performs his duties by nature and may interfere with the performance of duties of the public official (see Supreme Court Decision 2006Do9020, Mar. 16, 2007). The assault in the obstruction of the performance of official duties is insignificant and thus the public official is not opened.

arrow