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(영문) 청주지방법원 2020.06.04 2019노1354
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant, who is a police officer, expressed a desire for the Defendant, was bleeped by the Defendant, and was boomed by the Defendant; and (b) the Defendant was arrested as a flagrant offender in the absence of any fact at the time of arrest; (c) the Defendant did not notify the summary of the suspected fact at the time of arrest and the reason for arrest; (d) the execution of duties and the arrest was not lawful; (e) the police officer’s statement on the face of the order or the E is not consistent; and (e) even if CCTV recording was not secured for the situation at the time, the lower court found the Defendant guilty of the facts charged in this case by misapprehending the legal doctrine, thereby adversely affecting

2. Although the judgment of the court below on the grounds for appeal also asserted that the defendant was not guilty as in the grounds for appeal, the court below rejected the defendant's assertion and found the defendant guilty of the facts charged in this case by comprehensively taking account of the evidence duly adopted and examined by the court below, such as E, G, and H's statements, internal investigation reports, investigation reports, and 112 report management records, which are police officers: ① assaulting E, who is a police officer, in the same manner as stated in the facts charged; ② arresting the defendant as a flagrant offender on these grounds; ③ arresting the defendant as a flagrant offender; ③ examining the above judgment of the court below in comparison with the record and closely, it is just and acceptable; and there is no error of law by misunderstanding the facts or misunderstanding the legal principles as alleged by the defendant; and it is difficult to view it differently due to such circumstances as the failure to secure some disagreements or CCTV video products in the detailed part of the statement by police officers claimed by the defendant

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

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