logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.12.04 2017노1223
특수공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact-misunderstanding or misapprehension of the legal principles, police officers: (a) forced the Defendant to control and lock the Defendant on the ground that the Defendant was humping; and (b) forced the Defendant to resist the resistance; (c) caused the freight to run temporarily on the balk pedal; (d) caused the freight to run temporarily at a distance of 1m; and (e) immediately determined the freight to follow the balk pedal.

Therefore, the defendant's act of arresting E does not constitute an interference with the execution of official duties, because it is not a legitimate official duty execution, even if the defendant intentionally carried out the cargo vehicle while the defendant was moored.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment, two years of suspended sentence, and 200 hours of community service) is too unreasonable.

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

A. Considering the difference between the original court and the appellate court’s method of evaluating the credibility of the testimony made by the witness in light of the contents of the original judgment and the evidence duly examined in the original judgment, the lower court clearly erred in its determination on the credibility of the testimony made by the witness in light of the substance of the original judgment and the evidence duly examined in the original judgment.

Unless there are extenuating circumstances to see the lower court’s judgment as to the credibility of a statement made by a witness of the lower court is significantly unfair, or comprehensively considering the results of the examination of evidence at the lower court and the results of the additional examination conducted until the closing of oral argument at the appellate court, the appellate court should not reverse without permission the lower court’s judgment on the sole ground that the lower court’s judgment on the credibility of a statement made by a witness of the lower court is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 201Do5313, Jun. 14, 2012).

arrow