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(영문) 서울고등법원 2017.05.19 2017노785
특수공무집행방해치상
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of legal principles, the court below convicted the charged facts of this case, although the injury to the left-hand salt of the victim caused by this case does not constitute the injury caused by a disturbance in the performance of special duties, the court below erred by misapprehending the legal principles as to the injury caused by a disturbance in the conduct of special duties, or by misapprehending the legal principles as to the injury

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. On January 3, 2017, the Defendant: (a) on the road in front of the “D gas station located in Ischeon-si, Leecheon-si; (b) on the road in front of the “D gas station”, the Defendant was demanded to the victim F (42 tax) who is a police box affiliated with the Leecheon-si Police Station E Police Station, to stop illegally on the road along which the Defendant driven by G K7 passenger vehicles driving, and to request the victim to present his driver’s license to the victim; (c) on the ground that the vehicle was parked on the road along which the Defendant driven; (d) in order to avoid control, the victim was able to take hand to avoid the above car; and (d) on the other hand, the victim continued to start the car in front of the said car; and (e) even though the victim was able to take over the 20 meters of the 20 meters of the 1 week and caused the victim to suffer the injury, such as the left fewal in need of treatment.

Accordingly, the defendant driving a car, which is a dangerous object, interfered with legitimate performance of duties concerning traffic management of the victim who is a police officer, and caused injury to the victim.

B. Determination 1) The term “injury” in Article 257 of the Criminal Act refers to the injury of the victim’s physical integrity or the harm caused by physiological function. As such, annoying that the injury in a crime of causing interference with the performance of special duties cannot be evaluated as “injury” in Article 257 of the Criminal Act is an upper state, and thus, the health condition was infringed.

In cases where it is difficult to see, the above crime is not established (Supreme Court).

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