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(영문) 서울고등법원 2017.08.24 2014노3150
특수공무집행방해치상등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

(2) the date of this judgment.

Reasons

The first instance court related to the case No. 1 and the second instance judgment is the Defendant’s Act on the Obstruction of General Transport Obstruction and Demonstration (hereinafter “Act”).

In relation to the crime of violation, a fine of 200,000 won was sentenced for each crime such as innocence and HP.

The prosecutor appealed against the acquittal portion on the grounds of misunderstanding of facts or misunderstanding of legal principles, and appealed the whole judgment on the grounds of unfair sentencing.

The second court sentenced the defendant to a suspended sentence of two years in one year and six months, on the grounds that the defendant was guilty of both the crime of causing bodily injury to the performance of special official duties, the crime of obstructing general traffic, the crime of damaging public goods, and the crime of violating the Act.

The defendant appealed on the grounds of misunderstanding of facts, misunderstanding of legal principles and improper sentencing, and the prosecutor appealed on the grounds of unfair sentencing.

Before remanding the case, the trial held both appeals together, and unlike the judgment of the court of first instance, found the defendant guilty of violating the Act on Aggravated Punishment, and contrary to the judgment of the court of second instance, the part of the defendant's violation of the Act on Aggravated Punishment, Etc. concerning the violation of the Act on Aggravated Punishment, Etc., and contrary to the judgment of the court of second instance, the part of the judgment of the court of second instance which acquitted the defendant of the violation of the Act on Aggravated Punishment,

The court below found the other crimes not guilty, and sentenced the suspended sentence of three years in one year and six months in the same manner as the judgment of the court below of first and second years.

The defendant appealed against the guilty portion, and the prosecutor appealed against the acquittal portion.

In the judgment of remand, the Supreme Court rejected all the Defendant’s appeal and the Prosecutor’s appeal as to the guilty portion, but ex officio, the part of the Defendant’s violation of the Act due to the event of outdoor assembly, etc. at night after sunset by the Defendant’s KS, KM, and IK (hereinafter “the part of reversal ex officio”).

Since the Constitutional Court's decision of unconstitutionality cannot be maintained, the Court reversed all of the remaining convictions in relation to ex officio reversal of this case and concurrent crimes under the former part of Article 37 of the Criminal Code.

ARTICLE 3.

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