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(영문) 수원지방법원 안산지원 2015.08.11 2014고단1659
공무집행방해
Text

The defendant shall be innocent.

Reasons

1. On February 18, 2014, at around 03:20 on February 18, 2014, the Defendant was boarding a taxi operated by Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, and went into front of the 7th apartment house of the member-gu, Ansan-si at around 03:40 on the same day, but did not break up in the cab.

Accordingly, C filed a 112 report, and the Defendant was recommended to return home from E to a police officer belonging to the Donsan Police Station D District District of the Ansan Police Station, which was dispatched after receiving 112 report, but tried to return home without any particular explanation, and the Defendant continued to go to a taxi without any specific explanation, and the face of the above E was taken once from the above E, thereby interfering with the maintenance of police officers' order and crime prevention.

2. The Defendant asserts that at the time of the instant case, he only saw a police officer to go back to a taxi to go into his residence, and that he did not assault the face of a police officer with the intent of obstructing performance of official duties, such as the facts charged.

On the other hand, there are the written statement of police officer E, the written statement of police officer E among the police interrogation protocol of the defendant, E's legal statement of E, and C's written statement.

Each statement of police officer E is that "the defendant was flick under the head behind the defendant's head in the process of speaking again to the taxi," that he was not directly witnessed by E. The other police officers, along with CCTV images, were involved in determining whether the defendant intentionally assaulted E. And the only witness C, a taxi engineer, made a statement to the effect that he did not directly witness the scene of assaulting the defendant in this court. Each statement of E is difficult to believe as it is.

C A statement submitted to the police by the defendant is made to the police officer.

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