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(영문) 부산고등법원 2021.03.25 2020노308
특수공무집행방해치상
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The lower court found the Defendant guilty of interfering with the performance of special official duties in relation to D and B among the facts charged in the instant case, and found the Defendant not guilty on the grounds of the judgment with respect to the part where the Defendant inflicted injury on D and B as a result of the crime (the injury inflicted by interfering with the performance of each special official duty).

Accordingly, the Defendant appealed against the guilty portion. The Prosecutor appealed against the entire judgment of the court below, and did not assert any reason for appeal as to the injury caused by interference with the performance of special official duties in relation to B among the acquitted portion of the reasoning (the grounds of appeal by the prosecutor are deemed to be insignificant to be naturally cured). In such a case, according to the indivisible principle of appeal, the entire portion of the grounds of innocence, along with the convicted portion, shall be reversed to the appellate court. However, the injury caused by interference with the performance of special official duties in relation to B, is already excluded from the object of attack and defense between the parties, and thus, this part cannot be re-determined.

Therefore, the conclusion of the judgment of the court below is followed with respect to the injury caused by the obstruction of performing special official duties to B, and this court does not decide separately.

2. Summary of reasons for appeal;

A. In relation to the defendant (misunderstanding of facts), the defendant entered the shore of a bathing beach to deliver food, and the defendant returned the stoba according to the control official D and B's proposal while leaving the stoba to return the stoba, the above d's stoba in the wind where D prevents the defendant's stoba, and the stoba of the defendant's stoba, are only contacted with the defendant's stoba.

At the time of the case, D did not go beyond, and it does not move to the defendant's Obane.

In addition, the Defendant did not take a bath to B and got off the X-cella while he takes hand, so that he would be avoided between B’s inspection and suspension by cutting off the X-cella while he did not take a bath to B.

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