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(영문) 수원지방법원 2016.04.15 2015노5007
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the statement of police officers E of the gist of the grounds for appeal, although the court below found the defendant guilty of the facts charged in this case, it erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, although it could sufficiently recognize that the defendant interfered with police officers’ performance of official duties by taking the face

2. Determination

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

Accordingly, C filed a 112 report, and the Defendant was recommended to return to the taxi by paying a taxi fee from E to the police officer belonging to the Police Station D of the Ansan Police Station D of the Ansan Police Station, which was dispatched after receiving 112 report, but attempted to go to the taxi continuously without any particular explanation, and the above E was removed from the above E, and the face of the above E was taken once on one occasion, and interfere with the police officer’s order maintenance and the prevention of crime.

B. The judgment of the court below held that evidence consistent with the facts charged in this case includes the witness E’s legal statement, the police statement of E, the part concerning E’s statement in the police interrogation protocol of the defendant against the defendant, and the written statement of C in the police interrogation protocol of the defendant against the defendant. ① Each police officer E’s statement of police officer “the defendant’s statement of E was sent back to the head and back through the process of speaking the defendant again to the cab.” The other police officers, along with CCTV images in the investigation process, have difficulty in determining whether the defendant intentionally assaulted the defendant, and the only witness C, who was the only witness, did not directly witness the scene of assault by the defendant in this court. The each statement of E is difficult to believe as it is, ② The statement submitted to the police officer by C, which the defendant was submitted to the police officer.

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