(영문) 광주고등법원 2018.10.11 2018노276 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주고등법원 2018.10.11 2018노276

특수공무집행방해치상등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles (the injury caused by interference with the execution of special official duties to F) the Defendant only operated G to west by the direction of J, the captain of K, who is the captain of K, and did not invite J and K to receive the G from the victim F, and did not contribute to this part of the crime. Thus, the Defendant did not support the crime of injury caused by interference with the performance of special official duties to F as a joint principal offender.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. As to the assertion of misunderstanding of facts and legal principles, there is no new objective reason that could affect the formation of a conviction in the appellate court’s trial process, and where there are no reasonable circumstances to deem that the first deliberation evidence was clearly erroneous or that the argument leading to the acknowledgement of facts was significantly unfair due to the violation of logical and empirical rules, etc., the judgment on the recognition of facts in the first deliberation shall not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). The Defendant asserted that this part of the grounds for appeal are the same, and the lower court rejected the said assertion in detail from the “determination on the assertion of the Defendant and his defense counsel” of the judgment.

There is no reasonable ground to deem that the judgment of the court below was clearly erroneous in the judgment of the court or that the argument leading to the acknowledgement of facts is considerably unfair due to the violation of logical and empirical rules, and no other objective reason exists that may affect the formation of documentary evidence in the course of the trial of this court.

The judgment of the court below does not contain any error of law by misunderstanding the facts or misunderstanding the legal principles as alleged by the defendant.

3. Sentencing.

참조판례

-대법원 2017. 3. 22. 선고 2016도18031 판결

유사 판례

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