특수공무집행방해등
The defendant's appeal is dismissed.
The gist of the grounds for appeal is as follows: (a) there is no fact that the Defendant made intimidation to the victim C while making the statement as stated in the facts charged (Article 1 of the facts charged); and (b) there was no such remarks as indicated in the facts charged with the victim D, and the number of industrial bags was used for the purpose of threatening the abolition order (Article 2 of the facts charged). The fact that police officers interfere with police officers’ performance of their official duties does not necessarily mean that there was an industrial knife for the purpose of threatening the victim (Article 3 of the facts charged). The reason for the crime of destroying special property is not because the victim reported the victim, but because the victim left the victim at the middle of the way and asked him/her to stop his/her movement, the victim failed to perform his/her duties, thereby resulting in a contingent crime by failing to perform his/her duties.
The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.
Judgment
The following facts and circumstances acknowledged by the evidence of determination as to the assertion of mistake of facts: (a) victim C and D’s statement is simple and clear; (b) the details and details of the report are supported by the 112 report; (c) the above victims cannot find out the grounds for accusation of the defendant; (d) on the other hand, in the process of interrogation of the police on June 17, 2020, the Defendant stated that the facts under paragraphs (1) and (2) of the facts charged were “definite,” “definite,” “definite,” and ③ A police officer G called upon the victim D’s report was requested to provide support to four police officers other than the Defendant, who display the industrial knife, and eventually, the police officer I provided the support, using an electric shock machine, thereby damaging the Defendant’s property and causing damage to the Defendant’s special crime.