(영문) 수원지방법원 2018.02.08 2017노6443 | 리걸엔진

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(영문) 수원지방법원 2018.02.08 2017노6443

공무집행방해

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In fact, the Defendant, who is a social service personnel, did not see the Defendant’s hand and body with the intent of booming the Defendant’s shoulder, merely booming the Defendant’s shoulder.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

2) The sentence of the lower court (an amount of KRW 7 million) that is unfair in sentencing is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Determination

A. On February 2, 2017, at around 10:20 on February 2, 2017, the summary of the facts charged in the instant case: (a) the Defendant parked a son XD car in front of the parking lot of the Suwon District Court, which is located in 120, Suwon-si, Suwon-si, Suwon District Court; and (b) the Defendant parked it in a place where the parking or stopping is prohibited, and entered the Suwon District Court, which controlled the parking at the said place; and (c) Nonparty, a social service personnel belonging to the Suwon District Court, who controlled the parking at the said place, took the hand and body of the said E once.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the parking control of public officials.

2) The following circumstances revealed by the evidence duly adopted and investigated by the lower court, namely, ① the Defendant visited the Suwon District Court in order to attend the civil trial on February 2, 2017; ② the Social Service Personnel E who was parked in a place where parking is prohibited; ② the Defendant was in a situation where the Defendant, in light of the progress of the case, failed to enter the building on the wind to prevent the Defendant from entering the building on the part of a parked vehicle without entering the building on the wind; and ② the Defendant appears to have been in a situation where, in light of the progress of the case, the Defendant, at the time, there was considerable harmony or somewhat interesting.

유사 판례

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