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(영문) 대전지방법원 2016.12.07 2016고단2108

공무집행방해등

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On June 9, 2016, the summary of the facts charged: (a) around 22:13, the Defendant, in front of “D” located in Daejeon Dong-gu, Daejeon; (b) was in the process of drinking alcohol with E, a drinking-out, and was under the influence of drinking driving; and (c) was under the influence of E, a police officer under the control, such as “in the inside, he was subject to the crackdown on a drinking-out test at home, and is equal to a bit of bitch.”

The Defendant, who was a police officer belonging to the Daejeon East East Police Station, under the influence of drinking driving, took a dice and her dice, and tried to cast a dice to her f., and tried to cast a f., and the Defendant f., who was a police officer belonging to the Daejeon East Police Station that was under the influence of drinking, and tried to cast a f.i.e., “h.b. to d.g. to d. to f. to f.g. to f. to f. to f.g. to f., to f.g. to f.

The Defendant: (a) obstructed the lawful performance of duties by police officers in relation to the crackdown on drinking driving by assaulting F, such as cutting the F’s hand by cutting the Handphone by taking the Handphone in order to make the recording; (b) flying the F’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f.

2. Determination

가. 주장 등 (1) 피고인 및 변호인의 주장 ㈎ 당시 피고인의 일행인 E는, 음주운전 단속을 하는 경찰관들(경위 F과 의무경찰 H)을 보고 ‘내가 여기서 저 개새끼들한테 단속 당했다, 좆같다’는 취지로 욕을 하였다.

㈏ 그런데 F(체포 경찰관)은 E가 한 말을 피고인이 한 것으로 오해하여 ‘어린 놈의 새끼들이 싸가지가 없다’고 말하며 쫓아와 피고인을 제지하고 ‘너 아까 뭐라고 욕했냐’라고 하였다.

Accordingly, the Defendant explained that “the Defendant had not expressed any desire and had expressed any desire for E” to do so.

㈐ 그런데도 F은 피고인이 욕을 했다고 하면서 피고인을 공무집행방해죄의 현행범으로...