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(영문) 인천지방법원 2014.11.26 2014노2737
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine not exceeding five hundred thousand won.

The above fine shall not be paid by the defendant.

Reasons

1. The main points of the grounds for appeal (the mistake of facts and misapprehension of legal principles) are legitimate performance of official duties by police officers.

2. Determination

A. On October 10, 2013, the Defendant: (a) around 21:15 on October 21, 2013, when crossing a road front of the zone D zone C located in Nam-gu Incheon Metropolitan City, the Defendant was under the control of the Incheon Southern Police Station D Zone E (year 31) and F (year 28).

피고인은 신분증 제시를 요구하는 순경 F에게 “씹할 니가 무슨 경찰이냐 ”라는 등 욕을 하며 신분증제시를 거부하고, 경장 E이 현장을 이탈하려는 피고인을 가로막으며 인적사항을 밝히기를 요구하자, 손으로 위 E의 어깨 부위를 수회 때리고, 이를 제지하던 순경 F의 양 손을 휴대폰을 쥔 주먹으로 수회 때리는 등 폭행하여 경찰관의 정당한 직무집행을 방해하였다.

B. In full view of the evidence duly admitted and examined by the court below, the following facts can be acknowledged.

① On October 10, 2013, at around 21:15, the Defendant crossed the road along a crosswalk for pedestrian red signals. On October 10, 2013, the Defendant: (a) the police patrol team affiliated with the Incheon Southern-dong Police Station D District E and the police officer on board the police patrol team, and (b) the Defendant, via a loudspeaker, called “Irman and walking signal,” the Defendant, through the patrol gate, saying, “Irn the Dri.”

(2) The Defendant got to the patrol vehicle, she saw him/her to cross the road, and continued to walk along the road with sound, “I am to frightly and frightly.”

③ E and F cut off, while blocking the Defendant’s career in front of the Defendant’s running direction, E demanded the Defendant to present his identification card, and F demanded the Defendant to present his identification card in front of the Defendant’s moving pictures from the side to the video. The Defendant, along with E, required to present his identification card.

4. Accordingly, the Defendant: “I am out” means “I am going to go to go to, and move to, E by hand, but I am to stop,” “I am to stop.”

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