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(영문) 춘천지방법원 강릉지원 2018.01.11 2017노313
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is natural that police officers E could not accurately memory the time of the Defendant’s assault, and that E consistently stated that he was unable to wear the left hand of the Defendant’s left hand that he would be able to lock up to F, and thus, he is credibility in his statement.

(b)in obstructing official performance, assault includes the exercise of indirect tangible force.

Since the defendant was seated immediately next to E and F to make it difficult for the defendant to arrest, the defendant would interfere with the execution of official duties by exercising indirect assault during the whole process of arresting police officers.

(c)

Nevertheless, the lower court proven that the facts charged of this case were proven without reasonable doubt.

It is difficult to see

There is an error of law in determining facts.

2. The lower court determined that the instant facts charged were proven without any reasonable doubt, in light of the following circumstances acknowledged by the evidence duly adopted and investigated:

It was determined that there was a lack of view.

① Examining the images in which the situation occurred at the time, E attempted to take the locks to F two times. The first attempt is from 23:5:10 to 23:55:50, and the second attempt is from 23:50 to 23:56:35.

(2) E, on the second trial date of the original trial as to when the interfered act of the defendant was committed, that the defendant used his arms on the date of the second trial of the original trial (23:5:30 ).

The second City/Do was hindered on the third public trial date after the statement.

Although the statement has been changed and the correct memory has not been made, it was stated that it was memory that there was interference with the first City/Do because it was a better way from F due to the disturbance of the defendant at the time.

(3) On the other hand, although the above statements of E are inconsistent, there was an act interfering with the defendant's act of obstructing E.

final.

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