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(영문) 대전고등법원 2015.01.30 2014노485
특수공무집행방해치상
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. As to the obstruction of performance of official duties and injury in the judgment of the court below, the defendant was guilty of this part of the facts charged even though the defendant did not have any criminal intent for obstruction of performance of official duties or injury since there was an accident under the circumstance where the victim was at the time of the accident.

B. As to the injury caused by a special obstruction of performance of official duties in the judgment of the court below, the court below acquitted the defendant of this part of the charges, by erroneous determination of facts or misapprehension of legal principles, even though the defendant carried a dangerous object, and sufficiently recognized that the defendant interfered with the performance of official duties of the victim and inflicted an injury on the victim.

(2) The lower court’s sentencing of an unreasonable sentencing (a fine of six million won) is too unjustifiable and unfair.

2. Judgment on the grounds of mistake of facts or misapprehension of legal principles

A. On May 30, 2014, the Defendant: (a) around 16:33 on May 30, 2014, at the right edge of a road in front of Seo-gu Daejeon, Seo-gu, Daejeon; (b) on the ground that f.3.5 tons of towing vehicles were illegally parked from E (the age of 57) who is a public official of the parking control for the Daejeon Viewing Construction and Transportation Bureau that regulates illegal parking.

The Defendant, “I have been subject to the front control and control,” and “I will go beyond the floor,” while getting on the driver’s seat of the above vehicle and getting on the stop and crackdown on the vehicle behind the vehicle, he left the vehicle, and turned down the breast part of E by shocking the rear side of E on the rear side of the vehicle.

As a result, the defendant carried the above vehicle, which is a dangerous object, interfered with the legitimate execution of duties concerning parking regulation of E, and put the salt of the shoulder pipe, tensions, and elbows in the elbows, etc. to E for about two weeks of treatment.

B. The lower court determined that the Defendant’s act was dangerous.

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