(영문) 수원지방법원 2017.05.19 2016노7920 | 리걸엔진

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자간(%)

(영문) 수원지방법원 2017.05.19 2016노7920

공무집행방해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The misunderstanding of the facts did not exercise the force of force to the extent that the Defendant, who was escorted to the hospital, was fluort the chest of the police officer D, to the effect that the Defendant was fluored to fluort the Defendant’s work condition B, which was escorted to the hospital.

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

2) The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. Determination

A. The crime of obstructing the execution of official duties in relation to the defendant's assertion of mistake of facts is established by assault or intimidation against a public official who performs his duties. The assault at this time refers to the act of exercising illegal tangible power against a public official, and in direct, indirect, or not, and the intimidation refers to any notice of harm that may cause fear to the other party. However, the assault or intimidation is against a public official who performs his duties by nature and should be likely to interfere with the execution of his duties (Supreme Court Decision 2006Do9020 Decided March 16, 2007). In light of the above legal principles, according to the evidence duly adopted by the court below, including the statement in the police statement about this case, the statement in the police statement about D, the statement prepared by E, and the evidence duly adopted and examined by the court below, it is reasonable to deem that the defendant's chest was 23 times or more, while taking a desire before the emergency center in charge of Suwon Medical Center, and the defendant's exercise of such force is likely to interfere with the execution of duties of police officers.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no illegality of misconception of facts pointed out by the defendant

The defendant's above assertion is accepted.

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