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(영문) 서울동부지방법원 2014.12.11 2014노872
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The lower court determined that his statement was not reliable on the ground that the statements made by E and F, who arrested the Defendant as a flagrant offender and notified the M&D principles, do not coincide with the detailed contents.

However, E makes a statement that he did not directly notify the state of the domination by securing the witness's statement on the body part, and the F makes a statement that E listens to the witness's statement, and it is consistent with the main part of the contents of the statement, and as to when F makes a notice of the domination rule at the time of arrival of the patrol, it is natural that F's statement is somewhat not consistent, but it is rather natural that F's statement is not accurately in the situation where the defendant continuously takes a desire for it at the time, and it is possible that E and F after the arrest of the defendant, it is possible that F did not record that F made a notice of the domination rule.

Nevertheless, the lower court acquitted the Defendant of the instant facts charged by rejecting the reliable statements of E and F, on the ground that the F and E’s statements are not partially consistent and that the content of notifying the Dual Principles is not recorded in the recording file. In so doing, the lower court acquitted the Defendant of the instant facts charged.

2. The prosecutor of the amendment of indictment in the trial of the political party shall, within the scope of identity of the primary facts charged, be the name of the crime (defluence, assault) and applicable provisions of law (Articles 311, 260(1), 37, and 38 of the Criminal Act). The charges are as follows: (a) around 15:46 March 6, 2014, the Defendant: (b) on the ground that the victim E, who is the circumstances where the police box of the Seoul Mine Police Station D police Station, sent out after receiving a report of 112 on his scambling, is prevented; (c) the victim’s scamba, who is the main owner of the above high water, is the victim at the location of the foregoing Gojin Police Station; and (d) the victim is the bit bitch bitch bitch bitch son; and (d) the victim’s dumbage with his hand f

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