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(영문) 제주지방법원 2018.07.11 2017고단1817
공무집행방해
Text

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

Reasons

1. On June 21, 2017, the Defendant: (a) was crossing the “C” road located in Jeju-si B on June 21, 2017; (b) was able to receive a penalty payment notice from the police officer affiliated with the D District Zone affiliated with the Police Station of Jeju-dong Police Station; and (c) the police officer affiliated with the above E and the same district group F, “I see why other people are crossing without permission; and (d) is why I see why I see.

Madern, fluor, bitch,

Mazk Mazk Mazn in accordance with the mind of this Mazar

“Absingly, she would not close the chief door of patrol car,” and said F expressed that the F would be “I am to arrest, I am to arrest, I am to feb.” The F would have landed the F’s upper door with a bad hand.

As a result, the defendant interfered with the legitimate execution of criminal investigation such as crackdown on the violation of the Road Traffic Act by police officers.

2. Determination

A. Interference with the performance of official duties under Article 136 of the Criminal Act is established only when the performance of official duties is legitimate. Here legitimate performance of official duties refers to not only the act within the abstract authority of a public official, but also the case meeting the legal requirements and methods for specific performance of official duties.

B. In full view of the evidence duly admitted and examined in this case, the following facts are recognized:

Some of the statements of the witness F in the legal and investigative agency and some of the statements of the witness E are inconsistent with those of the above two witnesses, despite the inconsistency between them, and there is no additional evidence such as video, etc. which can objectively confirm them, and thus, they are not trustable due to lack of credibility.

㈎ 피고인은 2017. 6. 21. 19:45 경 제주시 B에 있는 C 한복점 앞 도로에서 무단 횡단을 하다가 인근을 순찰하던 경찰관 F, E에게 적발되어 범칙금 납부 고지서를 받았다.

㈏ 그 후 경찰관 F, E이 순찰차에 탑승하자 피고인이 순찰차로 다가와서 조수석 문을 잡고 조수석에 앉아 있던 경찰관 F에게 ...

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