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(영문) 부산고등법원 (창원) 2020.04.27 2020노19
특수공무집행방해치상등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

(b).

Reasons

1. Summary of grounds for appeal;

A. The Defendants (unfair punishment) sentence imposed by the lower court on the Defendants (Defendant A: Imprisonment of one year and six months, Defendant B, C, D, and E: Imprisonment of one year and six months, one year and six months, and three years of suspended execution) are too unreasonable.

B. The above types of punishment sentenced by the court below against the Defendants are too uneasible and unfair.

2. Determination

A. The court below against Defendant A did not take sufficient and reasonable measures to maintain the order of the Defendant, the organizer of the assembly, even though some of the union members used violence, such as destroying the J viewing entrance and taking advantage of the public officials, and deepening conflict with the J viewing public officials, which rather stimulates the members of the union participating in the assembly. A violent assembly in violation of the law cannot be the means of legitimate expression of opinion. There is a need to prevent the act from being committed by abusing public authority by destroying the entrance door of a representative public official representing the region and attempting to enter the area by violent means, and thereby causing injury to the public officials, and there is a need to prevent the recurrence, and there is no circumstance that most of the victims were punished, and are trying to recover the damage. On the day, the Defendant was punished for the same crime, and on the day, the Defendant appears to have been subject to criminal punishment on the same day, and the Defendant’s age and motive for the crime after 16 months.

However, as the court below stated in the reasons for sentencing against other co-defendants, the degree of assault exercised by public officials in the course of the assembly of this case, or the physical damage of property caused by the crime is not serious.

The defendant is the organizer of the assembly.

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