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(영문) 인천지방법원 부천지원 2015.05.14 2015고단233
공무집행방해
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On October 18, 2014, the summary of the facts charged: (a) the Defendant reported 112 to the effect that he/she was a customer who is suffering from disturbance under the influence of alcohol at the core point of “D” in the operation of the Defendant located in Seocheon-si, Seocheon-si, Seocheon-si; (b) on the ground that the performance of duties by the police officers belonging to the Kumi Police Station E-gu, called “I will not hear why he/she is a victim; and (c) I would see who is now the police of the Republic of Korea; and (d) by assaulting the chest of the above F with his/her chest and joint hand, thereby hindering the police officer’s legitimate performance of duties concerning the handling of reports on the 112 Incident.

2. The assertion and judgment

A. The alleged defendant and his defense counsel did not assault F, as stated in the facts charged of this case, who is a police official, and ② Police Officers such as F did not meet the requirements for arrest at the time of arresting the defendant as an offender in the crime of obstruction of performance of official duties. Since F did not notify the principle, this constitutes an unlawful performance of official duties. Thus, the defendant does not constitute the crime of obstruction of official duties.

B. (1) The judgment (1) contains the F’s statement in this court and the police’s statement that conforms to the facts charged that the Defendant assaulted F with F’s chest elbs and kbs. However, in full view of the following facts and the circumstances revealed therein, it is insufficient to recognize F’s legal statement and the police’s statement alone that the Defendant used F to assault F, and there is no other evidence.

[F] According to the image of the photograph (Evidence No. 14 pages) of F, while there is a flive body on his left face, it is not sufficient to prove that the damaged body is the face of the damaged body, and that he assaulted on the chest as in the facts charged in this case] ① A witness G and H are present at our court as a witness, and the Defendant F.

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