2012 Highest 3340 Special Obstruction of Performance

Ansan 00

Park Young-young (Lawsuits) and Lee Jong-young (Public Trial)

Change of Judicial Trainees (Korean Ship)

November 15, 2012

The defendant shall be innocent.

1. Summary of the facts charged

On September 5, 2012: (a) around 00, the Defendant discovered child pornography videos within the instant PC room located at the adult PC room operated by the Defendant in Seo-gu Daejeon-gu, Daejeon District Police Agency 00, and confirmed the Defendant as the owner of the aforementioned PC room; (b) thereby, the Defendant interfered with the Defendant’s legitimate performance of duties as to the control of police officials by means of intimidation, with the following actions: (c) whether the Defendant was unable to control any person who is difficult to do so; (d) whether he was rashly rash (23cm in length, 12 cm in length) by taking a deadly sound, and doing any act that seems to harm the Defendant’s will with the Defendant’s will; and (e) whether the Defendant was the owner of the aforementioned PC room.

2. Determination

A. The act of notifying harm may, depending on ordinary language or circumstances, give notice of harm and injury (see Supreme Court Decisions 74Do2727, Oct. 7, 1975; 2009Do5146, Sept. 10, 2009; 2010Do14316, Jan. 27, 201).

B. However, the following circumstances recognized by this court's duly adopted and investigated evidence (such as a protocol of police statement to ParkO, a police interrogation protocol of the defendant against the defendant, etc.) , i.e., the defendant thought that it would be no longer possible for the police to see that it would be possible for the defendant to die. At the moment, I would like to see that it would be no longer possible for the police officer to do so, and if we would not do so, I would like to see that the defendant would have knife and knife knife knife knife 7 police officers, or would have knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

C. No other evidence exists to deem that the Defendant reported harm to police officers.

D. Supreme Court Decision 2010Do14316 Decided January 27, 201 and Daejeon High Court Decision 2006Do172 Decided June 28, 2006, which held that the Defendant’s act constitutes intimidation, are different from those of the other party, and thus, it is inappropriate to apply the instant case.

3. Conclusion

The facts charged in the instant case constitute a case where there is no proof of facts constituting the crime, and thus, is acquitted under the latter part of Article 325 of the Criminal Procedure Act.

Records of Judges Lee Jong-soo