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(영문) 서울고등법원 2017.07.13 2017노338
특수공무집행방해치상
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. In the misapprehension of the legal principles, the Defendant did not have received the left elbbows of the victim E (hereinafter “victim”) on the ground of Oralbane.

Even if the damaged person was faced with the defendant's Obaba

Even if so, there is no injury that the injured person suffered under the criminal law.

Nevertheless, the lower court found the Defendant guilty of causing bodily injury by misapprehending the facts or by misapprehending the legal doctrine.

B. The punishment sentenced by the lower court (one year and six months of imprisonment, and two years of conditional suspension of execution of community service order) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. On June 8, 2016, around 07:55, the Defendant: (a) was controlled by the police officers belonging to the Seoul Central Franc Police Station on the ground that he operated the Franc on the bus-only lane from the police officers belonging to the Seoul Central Franc Police Station while running the Franc on the front side of the bus; (b) while continuing to run the albb, the Defendant took a dangerous part of the victim’s left part of the albbbbbbow, and obstructed the victim from performing his legitimate performance of duties concerning traffic control; and (c) caused the victim to suffer approximately 2 weeks of the left part of the elbbow and the scamb.

B. The lower court found the Defendant guilty of the instant charges on the ground that: (a) the victimized person made a statement corresponding to the above facts charged in the investigative agency and the court below’s judgment; and (b) the victim’s elbow photographs photographs from the victim’s body immediately after the instant case conforms to the victim’s statement; (c) it recognized the fact that the Defendant received the parts of the victim’s elbow elbows, which are dangerous things; and (d) it also recognized the fact that the victimized person suffered injury on

(c)

The defendant who is judged to be a party shall consistently be the victim from the investigative agency to the trial court at the time.

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