The defendant shall be innocent.

1. On December 22, 2012, the Defendant did not have a cab to get a cab on the front side of Yeongdeungpo-gu Seoul Metropolitan Government, on December 22, 2012, on the ground that a friendly C was to get a cab together with the Defendant.

D, who is a taxi engineer, tried to commit violence, such as taking a bath that C did not take a taxi, taking seven faces of D in drinking, making D's face as a drinking, and making D's face as a drinking again.

Accordingly, the defendant, who was found to have reported D 112, prevented D from filing 112 reports by putting D's arms and cutting Handphones, and prevented the defendant from holding D's body by hand.

As a result, the Defendant got C to escape a crime corresponding to a fine or heavier punishment.

On December 26, 2012, C, after the above case, agreed to pay the compensation to D after recognizing his mistake on December 26, 2012. This decision was rendered that C, who did not want the punishment to C, was not authorized to prosecute the suspicion of assault.

2. Determination

A. The summary of the facts charged is that “C has obstructed the Defendant from reporting D’s 112 report in a situation where C intends to assault D and flee, and obstructed D’s progress and arrest, thereby allowing C to escape.” According to the evidence submitted by the Prosecutor, the fact that the Defendant committed the above act is recognized as a substitute.

B. However, the crime of attempted criminal under Article 151 of the Criminal Act refers to an act which makes it difficult or impossible to act as a criminal justice such as investigation, trial, execution of sentence, etc. by means other than concealment of the criminal, and there is no restriction on the method, and this does not require any restriction, which may result in a failure to obstruct the actual operation of the criminal justice as a dangerous offender, but the person who committed the crime in the crime of attempted criminal includes a person who is under investigation upon being suspected of the crime.