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(영문) 서울중앙지방법원 2018.09.07 2018노1408
일반교통방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was merely participating in the assembly held on April 18, 2015, but did not assault D, a security police officer, as indicated in the judgment.

Nevertheless, the judgment of the court below convicting of this part of the facts charged is erroneous in the misapprehension of legal principles as to obstruction of performance of official duties, which affected the conclusion of the judgment.

2. The judgment D states to the effect that "the person who was arrested as an offender in the act of committing an act of committing an offense in the course of cutting down his/her fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluor in front of the date of the demonstration fluorial fluorial fluorial fluorial fluor,"

In addition, it is natural that D, a police officer, who was dispatched to a large number of assemblies at the time three years have already passed since the time when the statement was made in the court of original instance, was arrested the defendant and immediately after the arrest of the defendant, in the court of original instance, the situation at the time of original instance cannot be memoryd in detail compared to the contents stated in the investigation agency. Therefore, even if D cannot partially memory the situation at that time in the court of original instance,

D In full view of the evidence duly adopted and examined by the court below, such as the photo at the time of the demonstration before the date of the assembly, the defendant committed assault against D as stated in the judgment of the court below.

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