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(영문) 수원지방법원 2017.02.03 2016노5367
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The court below found the defendant guilty of the facts charged in this case, although the defendant did not have flabbbbage of police officers, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, D’s statement from an investigative agency to a court of the court below, is a concrete and consistent statement from the Defendant’s bath to a criminal investigation agency to a court of the court below; the explanation of the situation does not seem to be contradictory or unreasonable; the statement of E, a police officer of the same police officer, is also consistent with the E’s statement; D and E are making a false statement in order to mislead the Defendant.

The fact that it is difficult to find a special circumstance to view, and the witness F prepared a statement after hearing from a police officer to the effect that the defendant was pushed a police officer D at the court of original instance.

However, considering the above circumstances alone, the defendant's assertion that the credibility of each statement of D and E is insufficient to reverse the defendant's statements, as stated in the facts constituting the crime in the judgment below, it can be acknowledged that the defendant had expressed a bath to D police officers and interfered with the performance of official duties by fulbing the fulbbage. Thus, the defendant's assertion

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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