logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.01.09 2019노4125
위계공무집행방해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles did not intend to mislead, persuade, or interfere with the performance of official duties by sending a wise nuclear waste model on a selective basis, and there was no intention to obstruct the performance of official duties and there was no intention to interfere with the performance of official duties. 2) The lower court’s punishment (two years of suspended execution in August, and eight hours of community service, etc.) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of obstruction of performance of official duties by fraudulent means of determining the mistake of facts or misapprehension of legal principles is established when the other party misleads the other party, misleads the other party, causes the land, and makes the other party commit a wrong act or disposition, thereby obstructing the specific and realistic execution of official duties.

(see, e.g., Supreme Court Decision 2015Do2037, Apr. 28, 2016). Moreover, in order to constitute the crime of obstruction of performance of official duties by fraudulent means, intent should be required to interfere with the performance of official duties by fraudulent means.

In full view of the following circumstances, which can be recognized by the evidence duly adopted and investigated by the lower court, return to the instant case, and the Health Center (see, e.g., Supreme Court Decision 69Do2260, Jan. 27, 1970). In order to maximize the effectiveness of the planned exercise, the mail receiver’s mistake or mistake was used as indicated in the facts charged, and accordingly, the police officer, etc. dispatched to the police station, etc., interfered with the performance of duties of the relevant public official, and the Defendant did not actively desire or wish to actively desire the outcome of the obstruction of performance of duties

Even if there was a willful negligence, the defendant's assertion is without merit.

1. On the ground of yellow, there is a black radioactive sign on the ground of yellow, and on the front section of the enclosed straw, the seat of the tin in the instant door compensation box shall be stated immediately.

arrow