공무집행방해
The prosecutor's appeal is dismissed.
1. The judgment of the court below which acquitted the defendant for the following reasons is unreasonable.
① According to the statements of police officers E and F sent to the scene at the time, the lower court determined that the aforementioned facts cannot be acknowledged solely based on the evidence submitted by the prosecutor, although the fact was acknowledged that the Defendant was engaged in the E’s hand and arms that the Defendant attempted to lock.
② The Defendant’s blocking the Defendant from carrying on a patrol vehicle A is an exercise of force against police officers, but the lower court does not constitute assault against the crime of obstructing the performance of official duties by the Defendant.
The decision was determined.
2. In full view of the following circumstances revealed by the evidence duly admitted and investigated by the lower court, the lower court’s judgment that acquitted the facts charged of this case is justifiable.
1) Determination on the fact that E’s hand and arms are cut, ① The summary of this part of the facts charged is that the Defendant interfered with the Defendant’s taking the hand and arms by cutting off E and cutting off them.
E In the process of taking back to Gap the hand, the defendant was found to have been in his hand and arms.
was stated (79 pages of investigation records). However, at the same site,
F At the time, he had himself, and attempted to go to A, and the defendant was found to have been on his hand.
The Defendant stated (the 82th page of the investigation record). The Defendant stated from the beginning that there was no physical attachment of E and F (the 52th page of the investigation record), and that this part of the facts charged is difficult to view the Defendant’s statement solely based on E, unless there is any inconsistency between the statements of police officers at the site and the statement of E.
② At the time, the prosecutor submitted as evidence the images taken by E and F with the so-called “Badi Camp” (on-site video CD 1, 2). In that context, the above images include the face of A when the first face of A is taken by E, thereby blocking the Defendant from leaving A in the patrol vehicle, while at the same time, preventing the Defendant from carrying A in the patrol vehicle.