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(영문) 서울서부지방법원 2017.11.01 2017고단960

공무집행방해

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 23, 2016, the Defendant: (a) received a 112 report from the Eunpyeong-gu Seoul Metropolitan Government E, 3rd floor(s) where C and their children live in around 00:50 on December 23, 2016; and (b) the police officer F (55 years of age) dispatched to the site after receiving a 112 report to the effect that “the husband drink drink drinking, hing children, hinging them, and hinginging them as soon as possible,” and (c) entered the said police officer’s statement related to the instant domestic violence case.

“Along with high sound, assaulted by hand, such as brushing the name of the police officer, and brushing on the wall.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reported cases and the handling of domestic violence cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G, and C (for witness C, part thereof);

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made to F or G by the police;

1. Investigation report (12 reporter C telephone statement hearing report), investigation report (H telephone statement hearing report);

1. The 112 Report Processing table, recording book, video CD (the Defendant’s mother’s child called to the effect that it would be threatening against the Defendant’s threat, and C made a 112 report to the effect that the Defendant would assault the Defendant’s child on two occasions, and the police officer dispatched according to such domestic violence report may enter the scene, etc. reported to protect the victim, and investigate or ask the victim, etc. separately from the offender of domestic violence, and the domestic violence offender shall not interfere with the performance of his/her duties, such as refusing on-site investigations by the police officer (Article 9-4 of the Act on the Prevention of Domestic Violence and Protection, etc. of Victims). Nevertheless, the Defendant continued to commit assaulting the victimized police officer in order to prevent the police officer dispatched by domestic violence report from entering his/her residence to investigate his/her child.