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(영문) 제주지방법원 2013.07.11 2012노471

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant was sealed the G in which the Defendant intended to arrest C as an offender in the act of committing an offense; and (b) obstructed the execution of official duties by using F with hump, thereby obstructing the performance of official duties; (c) there is

2. In light of the following circumstances, namely, witness G or F of the court below, stating that the defendant was not guilty of having a secret relation to G, police officers arrested the defendant after arresting C and then arrested the defendant, and it appears that F would have suffered from the process of arresting the defendant. Since F later stated that he had a secret relation at the time of arrest, F did not know the point of time of entry because he stated that he had a secret relation at the time of arrest; the defendant's demand for confirmation of CCTV image in the earth area was silent; and the witness J of the court below's trial was the victim of the assault from the Defendant's daily act and it was difficult to believe that he was guilty of this part of the charges, the court below is justified.

3. According to the conclusion, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.