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(영문) 대구고등법원 2019.03.28 2018노551
특수공무집행방해치상등
Text

The judgment below

The guilty part (including the part not guilty) shall be reversed.

A defendant shall be punished by imprisonment for two years.

(b).

Reasons

1. The judgment of the court below on the guilty and the acquittal of the reasons

A. The summary of the grounds of appeal 1) misunderstanding of facts and misunderstanding of legal principles (the injury caused by the obstruction of performance of official duties, which is the part of innocence), although the defendant suffered from the injury of the left-hand side and the satise of the satise of the satis in need of treatment for about seven days, the judgment of the court below acquitted the defendant of the charges of causing the injury caused by the obstruction of official duties by a special obstruction of performance of official duties. 2) The punishment (two years of imprisonment and three years of suspended execution) sentenced by the judgment of the court of unfair sentencing,

B. Determination on the assertion of mistake of facts and misapprehension of legal principles 1) The term "injury" in Article 257 of the Criminal Act means that the completeness of the victim's body is harmed or a physiological function is hindered (see, e.g., Supreme Court Decisions 98Do3732, Jan. 26, 1999; 99Do4305, Feb. 25, 2000). In the crime of causing bodily injury in special obstruction of performance of official duties, an over-the-counternoy, to the extent that the injury cannot be assessed as "injury" under Article 257 of the Criminal Act, need not be treated as an over-the-counter situation, and where it is difficult to deem that such an act has infringed health conditions, the above crime is not established (see, e.g., Supreme Court Decision 2010Do10305, May 26, 201).

① On August 17, 2018, around 01:31, 2018, the Defendant: (a) took a bath to the Defendant, “Chump flap kbb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb

(2) The strike of a shouldered beer's disease facing the ground shall take place on the left-hand side of the victim and the part of the loss.

The defendant was later sick by beer and was in the vicinity.

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