특수공무집행방해치상등
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor the gist of the grounds for appeal (misunderstanding of the facts), the defendant is sufficiently recognized that the victim, who is the police officer at the time of the crime of this case, had the victim put his hand on the defendant's driver's vehicle to stop so as to control drinking, but the victim was able to avoid driving under the influence of alcohol and sustained injury by driving the vehicle on his windows
Nevertheless, there was an intentional act of obstructing the execution of special duties by the defendant.
The lower court found the Defendant not guilty of this part of the facts charged on the ground of insufficient conclusion.
2. Determination:
A. In the criminal trial proceedings conducted in the form of a citizen participatory trial introduced to enhance the democratic legitimacy and trust of the judiciary, the collective opinion presented to the court about the recognition of facts by the jury composed of citizens cultivated through strict selection procedures has the effect of recommendation to help the judge of the court of the fact that the jury has the right to adopt evidence and to recognize facts under the principle of substantial direct deliberation and court-oriented trials. If the verdict of innocence, such as the credibility of the witness's statement, was adopted in accordance with the jury's unanimous opinion regarding the preparation of evidence and fact-finding, such as the credibility of the witness's statement, and the verdict of innocence was adopted as it is, in light of the purport and spirit of the principle of substantial direct deliberation and the principle of court-oriented trials, unless sufficient and clearly opposite to it through new examination of evidence in the appellate court, it is necessary to respect the part of the court's execution of public duties (see Supreme Court Decision 201Do425, Mar. 29, 2015).