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(영문) 수원지방법원 2015.01.28 2014고단5739
공무집행방해
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On July 27, 2014, at around 13:10 on July 27, 2014, the Defendant, at his own discretion, was waiting out of the above earth while waiting to undergo an investigation on the ground that he expressed a bath to E, who is a taxi engineer, within the Suwon Police Station D District of the Suwon Police Station in Suwon-si, Suwon-si, Suwon-si, and that he expressed a bath to E.

At this time, the Defendant, who was under the control of F from the border F working in the said border, said F, called "the governance" to the said F, and assaulted the chest part of the said F on one occasion by hand.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the prevention and investigation of police officers' crimes.

2. According to the records of this case, it is recognized that the defendant, while getting on and off the taxi for the driver of the E, driven the taxi as of this case, and thereafter expressed his intent to punish the defendant by entering the zone D, and the defendant voluntarily entered the zone D according to E, and the defendant voluntarily prevented the police officer F of the defect that the defendant intends to go out of the zone, and the defendant was f of F's chest part of the chest and arrested the defendant as a flagrant offender in the crime of insult and obstruction of performance of official duties.

According to the above facts, the defendant was arrested until he wanted to go out of the D Zone, and thus the defendant is free to leave the D Zone, and the act of F to prevent this cannot be viewed as legitimate execution of official duties. Thus, even if the defendant was sealed, it does not constitute the crime of obstruction of performance of official duties.

3. The instant facts charged constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and a summary of the judgment of the Defendant pursuant to Article 58(2)

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