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(영문) 서울고등법원 2015.07.17 2015노725
특수공무집행방해치상
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

According to the evidence revealed in the record, the Defendant is found to have driven a vehicle, even though H’s hand was placed in the Defendant’s seat window, even if the Defendant was placed in the Defendant’s seat window.

Thus, the defendant can be deemed to have exercised directly or indirectly tangible power over the above H's body by using a dangerous object vehicle.

Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is that the Defendant, without disregarding the direction of the police officer H’s stopping of alcohol control, went through a speed pedal, even though the Defendant puts a hand into the driver’s seat or putting the driver’s seat into the driver’s seat to measure drinking.

The Defendant used a car, which is a dangerous object, to assault the H, thereby obstructing the police officer's legitimate performance of official duties.

B. According to evidence, such as images stored in the black box of a taxi that was immediately behind the Defendant’s vehicle, it is difficult to deem that the police officer H, who was under the influence of alcohol, carried his hand into the open door on the part of the Defendant’s vehicle or led the Defendant to the Defendant’s vehicle while being accompanied by the driver’s seat.

Therefore, it is difficult to view the defendant's act of driving a car as in the instant case as "an act of assaulting a public official performing his duties by carrying dangerous objects", and there is no evidence to find otherwise that the defendant had a criminal intent to commit such assault.

Ultimately, the facts charged of this case did not prove a crime.

According to the facts admitted by the court below and the evidence duly admitted and investigated by the court below, the following facts can be acknowledged.

① On March 18, 2014, around 23:00, the Defendant drank dice with his employees at the N station located in Yeongdeungpo-gu Seoul Metropolitan Government M.

(2) After drinking alcohol, the Defendant himself/herself shall be subject to his/her Gbling.

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