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(영문) 부산지방법원 2014.05.30 2014노1063
공무집행방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, for six months of imprisonment imposed by the defendant.

2. The act of using violence to public officials who perform judgment is not permissible in the rule of law, and there is a need to strictize the crime of obstruction of the performance of official duties in order to protect the legitimate performance of official duties of the State and to establish sound social order. The crime of obstruction of the performance of official duties of this case is very poor that the defendant spits the above vinyl after the defendant spits spits on vinyl with the above vinyl in hand, and asked the above public official's face. The crime of obstruction of the performance of official duties of this case is very poor. The crime of obstruction of the performance of official duties of this case is merely a crime of interference with the performance of official duties of 10 minutes from the embankment because it does not contain food bread, and it is not poor that the crime of interference with the performance of official duties of this case was committed in a similar way in the past, and even if the defendant committed the act of spiting the disturbance in the manner similar to that of the police belt, the crime of abusing the disturbance, the crime of causing violence, the crime of causing injury, the crime of obstruction of property or the crime of insult, etc.

However, when the defendant was in the trial, all of the crimes of this case are recognized, the degree of damage caused by each crime of this case is relatively minor, and the defendant deposited 50,000 won for the victim C, 100,000 won for the victim I, 20,000 won for the victim police officer I, and 30,000 won has been detained for 2 months during the trial, and it seems that it is against the depth.

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