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(영문) 서울고등법원 2014.12.04 2014노2366
특수공무집행방해치상등
Text

Each judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

Five (No. 1) with a seized stone.

Reasons

1. Summary of grounds for appeal;

A. As to the obstruction of performance of official duties against Defendant A (Appeal of Defendant A and Prosecutor): As the Defendant was led to the court guard, etc., and was forced to display his arms in the process of resistance, there was no intention to obstruct performance of official duties against the prosecutor. ② As to the obstruction of performance of official duties and injury against a correctional officer, it is not legitimate execution of official duties, and the correctional officer did not inflict an injury upon the Defendant, and it constitutes legitimate self-defense or legitimate act. ③ As to the destruction of property, the Defendant’s act of carrying a pole installed without permission by the victim on the land owned by the Defendant constitutes a legitimate act, self-help act, or self-help, or self-help, and the lower court found Defendant A guilty of obstruction of performance of official duties against the victim on April 17, 2014 as stipulated in Article 14 of the Criminal Act, and the lower court found Defendant A and the lower court erred by misapprehending the legal doctrine as to “the injury caused by obstruction of official duties against the victim” as stipulated in Article 145 of the Criminal Act.

The sentence of the lower court (one year of imprisonment and confiscation) is too unhued and unreasonable.

B. Although Defendant F conspired with Defendant F on April 9, 2014 in collusion with Defendant F constitutes “land” as stipulated in Article 185 of the Criminal Act, the lower court found Defendant F not guilty of the facts charged of the instant case under different judgment is erroneous in misapprehending the legal doctrine or erroneous determination of facts.

C. The judgment of the court below of the third instance (Appeal by Prosecutor) is improper because the punishment of the court below (one year of imprisonment with prison labor and three years of suspended execution) is too unhued.

Defendant

A deliver a written judgment to the court within the time limit for appeal.

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