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(영문) 서울중앙지방법원 2017.10.19 2017노1301
폭행등
Text

The defendant's appeal is dismissed.

Reasons

The court below found the defendant guilty of the obstruction of the performance of official duties and sentenced a fine of KRW 4 million, and sentenced the dismissal of the prosecution against the assault.

Since the defendant appealed against the guilty portion of the judgment of the court below, the scope of the trial shall be limited to the interference with the execution of official duties.

The summary of the grounds for appeal (misunderstanding of facts) has no fact that the defendant fats the police officer's fat, and spawns the police officer.

In line with this, the witness G's legal statement is inconsistent with CCTV images, so there is no credibility.

Nevertheless, the court below erred by obstructing the execution of official duties by assaulting the defendant in such a way.

Recognizing the facts, the facts were cited.

Judgment

According to the evidence of the court below on the facts before the assault, the defendant was a taxi or a horse or a dispute with which he operated.

The F was investigated with F in the police box stating the facts charged on the suspicion that knenee knee knee knee knee is faced with F.

The defendant completed the police investigation and went out of the police box, and later F went out of the police box, and the defendant left F to go out of the police box.

The police G in relation to the obstruction of the performance of official duties stated consistently from the police to the court of the original trial to the purport that “the victim was swornly booming her own chest and flapsing him (the trial record 61,62,68 pages 16 pages).” The witness F also stated in the police that “the Defendant was frightd with the police at three times and flapsing with the police” (the evidence record 37 pages), and stated in the court of the original trial that “the Defendant was flapsing with the police by threateninging the police, etc.” (the trial record 82 pages). The witness’s statements and witness’s statements are consistent most with the police.

경찰 G가 원심 법정에서 ‘ 경찰이 피고인의 팔과 옷을 잡아끌고 미는 등 피고인의 몸에 먼저 손을 댔다‘ 고 진술하였으나( 공판기록 61 면), 목격자 F의 원심 법정 진술( 공판기록 82 면) 과 같이 이러한...

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