(영문) 서울중앙지방법원 2019.08.16 2019노1730

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(영문) 서울중앙지방법원 2019.08.16 2019노1730

공무집행방해등

Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) Defendant 2018 Godan546 (Legal Deceiosio) paid KRW 15,000 on June 27, 2018 to the delivery center by 07:00. However, the lower court erred by misapprehending the legal doctrine on intention on this part, thereby finding the Defendant guilty on the ground that he was not guilty, on the grounds that he had no fact of damaging the current official door that the Defendant had been in the custody of the victim N and had no witness to the fact that he had a legitimate authority to stay in the maternity room, by recognizing that the Defendant extended the time of delivery to the delivery center and paid the money to the delivery center in substitute. However, the lower court erred by misapprehending the legal doctrine on intention, thereby making a conviction on this part.

3) A special injury under Article 2018 Godan6097(2) of the Special Bodily Injury (the misunderstanding of legal principle and the misunderstanding of facts) committed intentionally and by hand by the Defendant. Even if the Defendant had intentionally committed a crime, since the Defendant got the eye of the Victim P while getting off the scopic disease, and thereby was inflicted an injury, it cannot be deemed that the Defendant sustained an injury by carrying dangerous things. The lower court erred by misapprehending the legal principles on mistake of facts and special injury, thereby causing the Defendant guilty. (b) The Defendant committed each of the instant crimes under the condition that he lacks the ability to distinguish things or make decisions due to drinking, mental illness, etc.; (c) the Defendant committed each of the instant crimes under the condition that the Defendant lacks the ability to discern things or make decisions due to drinking, mental illness, etc.; and (d) the sentence sentenced by the lower

2. Determination

A. The lower court’s determination on the part concerning the 2018 Highest 5446 claim (legal scenarios) was duly adopted and examined, and the summary of the removal of her employees, who can be seen by the evidence of this part.

Gu's circumstances and evictions

The attitude of the defendant has been taken against the Gu.

유사 판례

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-서울고등법원 2013.11.01 2013노1447

-전주지방법원 2020.01.23 2019노1020

-서울중앙지방법원 2015.06.18 2014노5254