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(영문) 창원지방법원 2013.09.05 2013노891
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

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 (2 million won of fine) is too unreasonable.

2. In a case where the act of assault and intimidation was committed against multiple public officials who perform the same official duties ex officio prior to the judgment on the grounds for appeal of ex officio determination, multiple crimes of obstruction of performance of official duties are established according to the number of public officials who perform official duties. In a case where the act of assault and intimidation was committed in the same opportunity at the same place, and where the act of assault and intimidation was assessed as one act under the concept of society, multiple crimes of obstruction of performance of official duties are in

(see, e.g., Supreme Court Decisions 2009Do3505, Jun. 25, 2009; 4294Ma415, Sept. 28, 1961). According to the records, the crime of obstruction of performance of official duties in the judgment of the court below is established for F and G, who are police officers, by assaulting F at the same opportunity at the D District Office of the Changwon Police Station D District Office, threatening, and threatening. The crime of obstruction of official duties in the judgment of the court below constitutes a commercial concurrence as provided in Article 40 of the Criminal Act. Since the court below erred by omitting it in the application of statutes, the judgment below is no longer maintained at this point.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act concerning facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

2.Article 40 and Article 50 of the Criminal Code are more severe than that of the ordinary concurrent crimes.

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