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(영문) 부산지방법원 서부지원 2019.07.18 2018고단2587
공무집행방해
Text

The defendant shall be innocent.

Reasons

1. On October 31, 2018, around 00:55, the Defendant: (a) at the “C” shop located in Seo-gu Busan, Seo-gu, Busan; (b) on October 31, 2018, the circumstances belonging to the D District of the Busan Western Police Station D District, which received 112 reports, considered E to hear the details of the report from the reported business owner; and (c) stated E as follows: (a) “C heade, fright, fright, fright, fright; (b) fright, fright, fright; (c) fright, fright; (d) fright, fright, fright; (d) fright, fright, fright; and (e) fright, fright to drink.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the 112 reporting processing.

2. In light of the following circumstances acknowledged by the court’s duly admitted and investigated evidence, it is insufficient to view that the evidence presented by the prosecutor alone was insufficient to prove that the Defendant used violence, such as the facts charged, against the police officer E at the time, to the extent beyond a reasonable doubt.

① The Defendant consistently asserted that, from the police to this Court, the Defendant had consistently expressed that he had expressed a desire against police officers at the time, but did not have used violence, such as drinking, drinking, or smuggling.

② At the time of this court, the singing business proprietor F stated that: (a) although there was a fact that the Defendant sent to police officers at the time of this court, the Defendant did not act as a threat to him; and (b) at the time, the Defendant and the police officers got out of the singing room.

③ As to the situation at the time of dispatch, G of the police officer’s call, a criminal investigation report stating that “The Defendant asked police officers to assist with patrol cars considering the situation that the police officers seem to be able to take the view of the Defendant’s great interest and desire,” and that “the four other customers and the company owners were openly insulting and threatened before the visit and arrested them as a flagrant offender in the crime of obstruction of performance of official duties.”

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