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(영문) 서울고등법원 2017.05.11 2017노798
특수공무집행방해치상등
Text

The judgment below

Part of conviction, injury caused by interference with the performance of public duties, and damage to public goods.

Reasons

1. Summary of grounds for appeal;

A. In the event that the Defendant operated a vehicle in close vicinity to police officers, there was dolusence in the fact-finding or legal doctrine, and there was an intentional negligence on the Defendant’s threatening the police officers to use the vehicle.

In addition, in the situation where the police vehicles that the defendant is stiffing, there was intention to change the direction of the police vehicle to the direction of the police vehicle, so long as the police vehicle is shocked, it was shocked.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, acquitted the Defendants on the obstruction of special performance of official duties, injury resulting from obstructing special performance of official duties, and damage to public goods.

B. The sentence sentenced by the lower court (3 million won in penalty) is too unhued and unfair.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. On July 21, 2016, the Defendant: (a) was drunkly driven by a police officer belonging to the Pacific Police Station, who controlled drinking, and was forced to stop from a police officer belonging to the Pacific Police Station, who was under the influence of drinking, at the same time on the front of the Han light Underground Road at the night of the Priju on July 21, 2016; and (b) was forced to turn to the left and turn to the left, and the above F was turned to the left. In short, the Defendant was threatened by a passenger car, which is a dangerous object, such as D, E, and F, by threateninging that he would shock, thereby hindering the police officer’s legitimate performance of duties concerning the maintenance of order and prevention of crime (the point of obstructing special performance of official duties); (c) on the same day, the Defendant was informed of the fact that the police officer’s left-hand turn to the left-hand turn of the vehicle by using the vehicle, which is a dangerous object, such as D, E, and F, and thereby hindering the police officer’s left-hand.

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