(영문) 광주고등법원 2017.02.09 2016노400 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주고등법원 2017.02.09 2016노400

특수공무집행방해치상등

Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) In fact, there was no misunderstanding of legal principles that the victim gets the window frame of a car driven by the Defendant on his hand at the time of the instant case, and there was no difference between the Defendant and the victim 5 meters.

It is not so.

Even if the defendant's act alone does not constitute violence against the obstruction of the execution of official duties.

Nevertheless, the judgment of the court below which found Defendant A guilty of causing injury to the performance of official duties is erroneous in the misapprehension of facts and in the misapprehension of legal principles.

2) The lower court’s sentence against Defendant A (two years of imprisonment, three years of suspended sentence, 80 hours of community service, and 40 hours of lecture attendance order) is too unreasonable.

B. The lower court’s sentence against the Defendants by the prosecutor (Defendant A: the above sentence, Defendant B: fine of KRW 3 million) is too uneased and unreasonable.

2. Determination

A. Defendant A asserted the same purport as the grounds for appeal in the lower court’s judgment as to Defendant A’s misunderstanding of the facts and misapprehension of the legal doctrine.

As to this, the lower court, in its judgment, explained the detailed circumstances and relevant legal principles under the title of “determination on the assertion of Defendant A and Defense Counsel” and rejected the above assertion.

Examining the circumstances acknowledged by the lower court in light of the evidence duly adopted and investigated by the lower court and the relevant legal principles, the lower court’s judgment is sufficiently acceptable. Therefore, this part of the Defendant A’s allegation is without merit.

B. Defendant A’s instant crime of this case committed by Defendant A and the Prosecutor is a matter of assaulting the victim, who is a police officer, and obstructing the performance of his duties and causing injury to the victim, which is a dangerous object, due to the driving of drinking alcohol and the control of the crime. In light of the degree of danger of the act, the risk of the act is high, and the form of the crime is not good.

In addition, the defendant A does not take any measures to recover any particular damage.

유사 판례

-서울동부지방법원 2017.09.21 2017노937

-대전고등법원 2018.10.12 2018노18

-광주고등법원 2016.06.02 2016노66

-서울중앙지방법원 2017.09.15 2017노2250

-수원지방법원 2017.08.18 2017노1316