특수공무집행방해치상등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. 2-B of the facts constituting a crime of mistake of facts in the original judgment.
paragraphs 2 and 2-c.
Although the part of Paragraph (1) (hereinafter “instant denial part”) is considerably different from the actual facts of the instant case, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. Regarding the denied part of this case by misunderstanding legal principles, the options car on the facts constituting the crime of this case (hereinafter “automobile of this case”) cannot be deemed to be “hazardous goods” under Article 3(1) of the Punishment of Violences, etc. Act, and the police officers at the time of this case’s performance of official duties cannot be deemed to be legitimate performance of official duties, and accordingly, the Defendant’s act is not responsible for the part of injury to N andO, or the Defendant’s act is deemed to be unlawful as self-defense. At the time of this case, the Defendant cannot be deemed to have exercised assault against L and M in the crime of obstruction of performance of official duties. Thus, the judgment below convicting the Defendant of this case by misunderstanding legal principles as to dangerous goods, obstruction of performance of official duties, and performance of official duties by police officers at the time of the
C. The sentence imposed by the lower court on the Defendant (three years of imprisonment) is too unreasonable.
2. Determination:
A. The lower court found the Defendant guilty on the part of the denial of the instant case based on the evidence duly adopted and investigated by the lower court, and closely examined the evidence duly adopted and examined by the lower court in light of the records, the lower court’s judgment that found the Defendant guilty on the part of the denial of the instant case as above is justifiable, and it did not err by misapprehending the facts and adversely affecting the conclusion of the judgment
Therefore, the defendant's assertion of mistake cannot be accepted.
B. Judgment on the misapprehension of the legal principle.