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(영문) 서울고등법원 2020.11.19 2020노1124
특수공무집행방해치상등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for two years.

However, from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

A. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

B. Prosecutor 1) Since misunderstanding of facts in the course of escape by a defendant in the course of a mistake of facts, the patrol vehicle which was stopped to induce the suspension of the defendant's vehicle, the crime of damaging special goods for public use is established against the defendant. 2) The above punishment sentenced by the court below of unreasonable sentencing is too uneasible

2. Determination

A. On March 22, 2020, the Defendant: (a) around 22:38, 2020, the summary of this part of the facts charged, as indicated in paragraph (3) of the facts constituting a crime in front of the H building at Kimpo-si, Kimpo-si, went away as it is, in order to stop the way and arrest himself; and (b) thereby, the Defendant carried dangerous things and escaped, as it is, at the time of the lower court’s determination that the above patrol car used by public offices would amount to KRW 1,576,893. The lower court’s summary and circumstances as indicated in its reasoning; (c) the Defendant stopped the patrol car to prevent the Defendant from driving the car on the right side of the vehicle; (d) the Defendant was trying to stop the vehicle from the front of the vehicle to the right side of the vehicle to the right side of the vehicle to the right side of the vehicle; and (e) the vehicle to stop the vehicle from the front of the vehicle to the right side of the vehicle.

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