(영문) 서울중앙지방법원 2020.01.17 2019노1580

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2020.01.17 2019노1580

공무집행방해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Error of facts (the point of obstruction of performance of official duties) The defendant does not have any fact that the defendant either sealed the blue G, etc. with the right blue, or g face.

(M) 2.2

1) The Defendant does not constitute an assault to the extent that it interferes with the performance of official duties, even if he/she has sealed or sealed his/her face to the right blue with G. 2) The arrest of a flagrant offender G is an illegal performance of official duties. As such, the Defendant resisted against it does not constitute a crime of obstruction of performance of official duties, but also constitutes self-defense as a passive resistance.

C. The sentence imposed by the lower court (two years of suspended execution for one year of imprisonment, and one hundred and sixty hours of community service order) is too unreasonable.

2. The Defendant made the same assertion as the grounds for appeal in the lower court’s determination of mistake, and the lower court rejected the Defendant’s assertion in detail, stating the Defendant’s assertion and its decision in detail.

In addition to the evidence duly adopted and examined by the court below, the judgment of the court below is justified, taking into account the following facts and circumstances as a whole, which are admitted by the court below.

The defendant's assertion of mistake is without merit.

① A written statement attached to a written petition submitted by the Defendant himself/herself to an investigative agency includes the statement that the Defendant said that he/she is protruding the police in his/her hand and why he/she is protruding.

(Evidence No. 64-1, No. 70). (2) L testified that there was no physical fighting in the court of the court below, but in light of the fact that the general citizen reported the physical fighting to the police as dangerous, it is difficult to believe L’s above statement as it is.

(Evidence Records No. 97-98 pages) 3. Judgment on the misapprehension of the legal principle

A. Violence and intimidation in relation to the crime of obstruction of the performance of official duties is considered as violence.

유사 판례

-청주지방법원 2012.11.08 2012노256

-창원지방법원 2013.05.31 2013노36

-수원지방법원 2015.06.19 2014노7737

-서울중앙지방법원 2020.01.17 2019노1798

-춘천지방법원 2020.11.18 2019노1115