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(영문) 수원지방법원 2014.02.12 2013노2935
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant, while walking the door of the mechanical room, did not have any damage, did not commit violence against the victim D, and only resisted against the excessive restraint of police officers, and did not interfere with the performance of official duties.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

2. Determination

A. In full view of the facts charged in the instant case, the following facts are examined: (a) evidence duly adopted and examined by the lower court; (b) witness G, and D’s statement in the trial court; and (c) as indicated in the judgment, the Defendant’s failure to repair the automatic machine room from 365 cm at the point of discharge from national bank death to 365 cm; and (d) damaged KRW 816,200 to repair the automatic machine room; (b) the Defendant: (c) the victim D, an employee of the security company C, dispatched by the report on the side of the national bank, opened the door of the said automated machine room; and (d) the victim D, who was an employee of the security company C, was going to open and enter the door of the said automated machine room; and (d) at least at the time of assault or assault, the Defendant was fully aware of the fact that the victim D’s damage was caused by the defect of the victim or the victim D’s damage.

This part of the defendant's assertion of mistake is without merit.

B. Next, the following circumstances, among the facts charged in the instant case, were examined as to the obstruction of the performance of official duties, evidence duly adopted and examined by the lower court, and witness D’s statement at the court of the first instance, i.e., (i) police officers F prevented the Defendant from taking a bath at the scene at the time of “the police officer F was under the control of the Defendant, and (ii) the police officer F was under the control of the Defendant who took a bath at the scene, and (iii) was under the control of the Defendant at the site, and the Defendant was also under the control of the Defendant.

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