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(영문) 서울중앙지방법원 2019.08.29 2019노846
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000 (one million).

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles by one’s husband, who was under contact with the Defendant that he was in the Goak Police Station C District, and the Defendant was under contact with the Defendant that he was in the victim, and the police officer D, who was outside the entrance of the C District at the seat of the C District, was pushed down with the Defendant who was in his chest in order to resist it. Thus, the above act against the Defendant by the police officer does not constitute legitimate performance of official duties, and the act of the Defendant committed the crime of obstruction of the performance of official duties because the degree of the act of the Defendant’s chest even after the Defendant’s chest by the police officer, does not constitute violence, which constitutes the element of the crime of obstruction of the performance of official duties, because the degree of the act of the Defendant’s chest was insignificant

Even if the defendant's above act was conducted in response to the above police officer's improper act, it constitutes a justifiable act that does not go against social rules and thus, illegality is dismissed.

Nevertheless, the court below's finding guilty of the facts charged of this case has erred by misunderstanding of facts and misunderstanding of legal principles that affected the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the first instance court on the assertion of mistake of facts and misapprehension of legal principles, since the defendant's husband committed an assault against the defendant's husband, part of the defendant's behavior was fright, and the defendant's resistance against the suspect of the assault case, which interfered with the police officers' management, such as police officers D, and various police officers, including police officers who wear police uniforms, have prevented the defendant from opening the entrance and leaving the entrance into the C Zone. The husband of the defendant who was the victim of the assault case at the time of the assault case was in the C Zone from time to time outside the C Zone, and in the process, part of the defendant's behavior was committed.

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