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(영문) 서울서부지방법원 2020.06.04 2019노902
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant thought that he/she is a police officer, and he/she saw that he/she is a police officer, and when he/she is the head of the police officer.

Since the defendant clearly recognizes his hand that he will face with the police officer's body or head, the defendant had the intention to commit the obstruction of performance of official duties.

The judgment of the court below which acquitted the defendant on the ground that the defendant had no intention to obstruct the performance of official duties.

2. On November 17, 2018, the Defendant, within the police box located in Yongsan-gu Seoul, Yongsan-gu, Seoul on November 17, 2018, carried a police officer under the influence of alcohol to resisting the Defendant from the trial expenses of a taxi engineer immediately before the police station, and assaulted D’s face by four police officers, including a police officer D, at one time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of order in the police box.

3. The lower court rendered a not-guilty verdict on the instant facts charged while sufficiently explaining the grounds for its determination.

Examining the judgment of the court below closely after comparison with the records, the court below's determination that found the defendant not guilty of the charges of this case on the ground that the evidence submitted by the prosecutor alone was insufficient to deem that the defendant had intention to obstruct the performance of official duties at the time of this case

There is no illegality in the judgment of the court below regarding mistake of facts alleged by the prosecutor.

The prosecutor's assertion is without merit.

4. The appeal by the prosecutor of the conclusion is dismissed on the grounds that the appeal is without merit. It is so decided as per Disposition.

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