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(영문) 서울고등법원 2021.03.11 2020노2080

공무집행방해등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unlawfully erroneous in the misapprehension of the legal principle) committed an act of assaulting with the victim D, but did not intentionally commit an act of assaulting the victim with the wheels of the victim.

2) When the Defendant wants to enter a restaurant, there is no fact that the police officer F’s face is taken, and there was no fact that he spits the face of the police officer in the process of arresting a flagrant offender, or obstructs the performance of official duties, such as cutting down the body or cutting down the body.

3) The police officer F attempted to illegally arrest the Defendant and resist the police officer’s body in the course of resistance without meeting the requirements for arresting a flagrant offender. As such, it constitutes legitimate defense.

4) The sentence sentenced by the court of original judgment to the defendant (one hundred months of imprisonment) is too unreasonable.

B. The sentence sentenced by the prosecutor (unfair sentencing) by the court of original judgment against the defendant is too uneasible.

2. Judgment on the misapprehension of the legal principle on the defendant's mistake of facts

A. As to whether the defendant and the defense counsel interfered with the defendant's intentional assault against the victim D and the police officer's assault against F, the defendant and the defense counsel argued to the same effect as the grounds for appeal in this part of the judgment below, and as to this, the court below rejected the above argument in detail with the defendant and the defense counsel's arguments in the "judgment on the violation of A.A. Violence" and the "Judgment on the obstruction of the performance of official duties" (section 4 through 6 of the judgment of the court below) under the title "Determination on the defendant and the defense counsel's argument" (section 6 of the judgment of the court below). In comparison with the statements duly adopted and examined by the evidence, a thorough examination is conducted with the records and records of the same circumstance, the part "in case of face" in the part of the crime obstructing the performance of official duties in Article 2 of the judgment of the court below as 14 of the judgment of the court below.