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(영문) 서울중앙지방법원 2020.01.31 2019노979
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal, mistake of facts and misapprehension of legal principles are only those of F's grandchildren or arms, and the Defendant did not keep F in front and rear.

The defendant's act of taking F's hand or arms does not constitute violence of obstruction of performance of official duties.

The defendant did not have the intention of obstructing the performance of official duties.

The punishment (fine 4 million won) sentenced by the court below on unreasonable sentencing is too unreasonable.

Judgment

Comprehensively taking account of the evidence duly examined by the court below as to the assertion of misunderstanding of facts and misapprehension of legal principles, the defendant can fully recognize the facts that the police officer F arrested A as a flagrant offender for the obstruction of performance of official duties in the future and rear.

Defendant’s assertion is without merit.

In the crime of obstruction of the performance of official duties, violence in the crime of obstruction of the performance of official duties should be sufficient to obstruct the performance of official duties by nature, so if it is minor and so, it does not constitute violence.

(see, e.g., Supreme Court Decision 2006Do4449, Jun. 1, 2007). In order for F to receive identification cards from A and to obtain cooperation from other police officers, the Defendant’s act of obstructing the use of F’s arms cannot be deemed as a minor act to the extent that F does not open.

The defendant's assertion that the defendant's act does not constitute violence of obstruction of performance of official duties is without merit.

There is no emphasis on the degree of obstruction of performance of official duties on the assertion of unfair sentencing.

The defendant shows some attitude against the defendant.

However, the defendant still does not recognize some of the crimes.

There is a record of punishment as a fine for the same crime.

In addition, considering all of the sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances, it cannot be deemed that the sentence imposed by the court below is too inappropriate.

Defendant’s assertion is without merit.

The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it has no reason to appeal.

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