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Defendant
In addition, the appeal by the candidate for medical treatment and custody is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant committed a crime of special intimidation or violation of the Road Traffic Act (In the process of avoiding the trend of the victims who are operators of illegal amusement facilities, by means of defense, and the police officers in collusion with the above victims led to the crime of obstruction of performance of official duties by force without any choice to avoid unfair control. Thus, the Defendant’s act constitutes self-defense and thus, is not illegal.
Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous in misconception of facts or misapprehending legal principles.
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is excessively unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below regarding the allegation of mistake or misapprehension of legal principles on the part of the defendant's case: ① on March 4, 2020, the victim D was found to have been driving a vehicle of the defendant in the vicinity of Pyeongtaek-si in the vicinity of Pyeongtaek-si in the case of his own vehicle at around 00:20; ② on the other hand, the victim was found to have driven a vehicle of the defendant in front of the AO located in Pyeongtaek-si in the case of Pyeongtaek-si. ② The victim was driving the vehicle before the above victim after driving the vehicle on the road; ② the victim was found to have been driving the vehicle before the above victim after driving the vehicle on the road; ③ the defendant was driving the vehicle after driving the vehicle on his own; ③ the defendant was driving the vehicle in front of Pyeongtaek-si in the vicinity of Pyeongtaek-si AP apartment while driving the vehicle on his own; and ④ the defendant was found to have driven the vehicle by the chief police officer of the victim who was a substitute driver on the road adjacent to Pyeongtaek-si.