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(영문) 서울고등법원 2016.09.09 2016노1921
특수공무집행방해치상등
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In relation to the mistake of facts and misapprehension of legal principles, Defendant 1 did not spit the face of the victim D, and the injury caused by the victim F in relation to the fact of obstructing the performance of special duties does not constitute the injury caused by a disturbance in the performance of special duties. Therefore, the judgment of the court below which found Defendant 1 guilty of all the facts charged of the injury caused by the obstruction of the performance of special duties or by misapprehending legal principles, which affected the conclusion of the judgment.

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

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts and legal principles, the lower court’s determination is based on the following circumstances acknowledged by the evidence duly admitted and investigated by the Defendant, namely, whether the Defendant is aware of spitation on the victim’s face. ① The term “the Defendant spits or spits the victim’s speech and mother, including the victim,” consistently from the investigative agency to the court of the lower judgment, and ② the police officers, around February 21, 2016, state that “any spit spits or spits the victim’s spits” from the victim on the part of around February 21, 2016.

“In full view of the fact that the Defendant was dispatched upon receipt of a report, the Defendant convicted him of the facts charged of assault on the ground that spitation is recognized on the victim’s face.

B) Examining the evidence duly adopted and examined by the court below in a thorough examination of the evidence, the court below's finding of the above facts is just and acceptable, and there are no special circumstances contrary to the court below's finding of facts in the trial. Thus, there are errors in the misapprehension of facts, such as the defendant's assertion, in the judgment below.

subsection (b) of this section.

Therefore, this part of the defendant's argument cannot be accepted.

(ii)..

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