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(영문) 서울북부지방법원 2012.09.13 2012고정320
공무집행방해
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. The original facts charged (Obstruction of Performance of Official Duties) around 01:40 on November 19, 201, the Defendant sent a bath to C, who is a police officer, on the front side of the Seoul Western-gu Seoul Metropolitan Government, and C arrested the Defendant as a flagrant offender in the crime of insult and loaded the Defendant on the back of the patrol vehicle, and obstructed C’s legitimate execution of duties regarding the arrest of flagrant offenders.

B. At the date of the third party trial date, the prosecutor additionally stated that “The defendant was refused to use a mobile phone once from the front day of the Seoul Jung-gu Seoul Central Party B at around 01:40 on November 19, 201.” D and the starting cost were to be imposed. When the victim police officer, who belongs to the Seoul Central Tran Police Station E Zone E Zone, called the victim that he would not lend a mobile phone to the victim, and the victim would not lend the mobile phone, and the victim might not be lent.” The court made a decision to permit the amendment of the indictment that “the victim publicly insultd the victim by openly breathing the victim’s bitch, bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bit,” and the court made a decision to permit the amendment of the indictment.

However, the addition of the facts charged is allowed only when the identity of the facts charged is maintained in relation to the original facts charged, and the identity of the facts charged is maintained in the same way as the social facts, which form the basis of the facts, are fundamental. The original facts charged of this case interfere with the execution of official duties by assaulting the police upon the arrest of the defendant due to an insulting crime, and the additional facts charged were the same as the acts that caused the arrest of the police, i.e., taking a bath to the police.

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