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(영문) 서울고등법원 2018.03.21 2017노3545
특수공무집행방해치상등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) 1 of the misunderstanding of facts and legal principles: (a) even if based on the facts charged, the person who participated in the assault against U and V is specified as the participant in an assembly where Q and name are unknown; and (b) Defendant E, A, and B at the time of assault against Q and Q, etc.

there is no evidence sufficient to determine the person.

② A person who took part in an assault against the victim X is only Defendant E, D, or B, and Defendant A took part in the assault against the above victim.

there is no evidence sufficient to determine the person.

③ 검사가 제출한 현장사진이나 동영상만으로는 피고인 E이 피해자 X의 어깨 부분을 잡아당기거나 발로 피해자의 다리를 걷어찼는지 여부가 명확하지도 않다.

(4) A person who takes part in the assault against W is only R and Defendant A, C, or B, and Defendant E took part in the assault against W.

there is no evidence sufficient to determine the person.

⑤ Defendant C merely took part in the injury to the victim X, where Defendant C reported that Defendant C’s resident Y was able to galpt the upper and face of the police without snow due to the tear of the police, and that the surrounding people take emergency medical treatment three times in a stude and walked with W on three occasions in contingency.

The evidence submitted by the prosecutor alone cannot be deemed as having functional control over the crime that caused interference with the performance of special duties and the crime that interfered with the performance of special duties, in light of the position, role, control over the progress of the crime, etc.

Therefore, the lower court erred by misapprehending the legal principles or by misapprehending the legal principles, thereby adversely affecting the victim X’s performance of special official duties, and by misapprehending the rules of evidence against all the Defendants, thereby finding the Defendants guilty of obstructing the performance of special official duties by U, V, and W.

2) The sentence of the lower court (the 3 years of suspended sentence in January 1 and June 1 of each of the Defendants) that was unfair in sentencing is too unreasonable.

(b) Prosecutor 1) A bridge may also be taken by means of the victim W’s body photograph misunderstanding of facts.

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