Defendant

In the case of misunderstanding of facts or misunderstanding of legal principles, ① the Defendant did not have any prior conspiracy to commit the instant crime, but rather was involved in the field. ② The Defendant did not know that he was a police officer. ③ The execution of arrest warrant was terminated at the time when G landed from the 18th floor of the I building and moved to Seoul Square, and eventually, the Defendant did not commit a special crime of obstruction of performance of official duties or a crime of escape of an offender.

Nevertheless, the court below found the defendant guilty of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding of facts or misunderstanding of legal principles.

The sentence imposed by the court below on the defendant (one year of imprisonment and two years of suspended execution) is too unreasonable.

The sentence imposed by the court below on the defendant is too uneasible and unfair.

Judgment

The lower court’s judgment on the assertion of mistake of facts or misapprehension of legal principles is that ① in relation to accomplices who are co-processed with two or more crimes, the conspiracy does not require any legal penalty, and is only a combination of two or more persons to realize a crime through the joint processing of crimes, and thus, if the combination of doctors is made in order or impliedly, a conspiracy relationship is established.

Therefore, as alleged above by the Defendant, etc., the Defendant did not make a prior conspiracy on the instant crime.

However, according to the facts found by the evidence duly adopted and examined by the court below, the defendant and E members who were at the scene of the crime of this case were engaged in the obstruction of performance of official duties and the escape of criminals, and there was a combination of explicit or explicit intent.

I would like to say.

② In addition, according to the aforementioned evidence, the Defendant, at the time when he fights into the entrance of an I building and the body in an elevator.