(영문) 서울고등법원 2015.01.16 2014노2010 | 리걸엔진

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(영문) 서울고등법원 2015.01.16 2014노2010

특수공무집행방해치상등

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The judgment below

Part of the compensation order, excluding the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Summary of Grounds for Appeal

The defendant's misunderstanding of facts is merely a loan of KRW 20 million that he/she has received from the victim C, not a loan for the purpose of supplying the Black gift tax produced by the company in the operation of the victim to the veterans office.

The defendant was injured by a special obstruction of performance of official duties, and there is no fact that the defendant is showing the appearance of the police officer'sJ or taking the face of theJ into consideration.

J came to know that the excessive suppression against the defendant could be a problem, it is false that the defendant was sent to the vehicle driven by the defendant, and that the defendant was subject to several assaults on the face and bridge from the defendant while arresting the defendant.

The punishment sentenced by the court below of unfair sentencing (three years of imprisonment) is too unreasonable.

Judgment

In regard to the assertion of mistake of facts, the court below rejected the above assertion by stating in detail the defendant's assertion and its decision in Paragraph (1) of "the judgment on the defendant's and his defense counsel's assertion" in the judgment of the court below. If the above judgment of the court below is examined closely with the evidence duly adopted and examined, the judgment of the court below is proper, and there is no error of mistake of facts as alleged by the defendant.

The lower court, based on its reasoning, determined that the Defendant could recognize the existence of the victim J with the vehicle driven by himself/herself, and that he/she could take the face of theJ to arrest the Defendant.

The decision of the court below is justified in light of the following circumstances, such as the reasoning of the court below which is admitted by the evidence duly admitted and investigated by the court below and the court below, and there is no error as alleged by the defendant.

(1) The defendant is arrested by the police officer.

유사 판례

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-청주지방법원 충주지원 2014.08.22 2013고단916

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