beta
(영문) 대전지방법원 천안지원 2018.08.23 2018고단674

공무집행방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 14, 2018, 23:36, the Defendant: (a) D with police officers belonging to C District of the Silung Police Station C District, who performed patrol in the office building while performing the patrol at the C District Parking Site located in Silung-si B, Silung-si; and (b) “In this case, the Defendant is not aware of the change.”

“The measures to be taken”, and the police officers E belonging to the same district are defective in the request of his/her status, and whether he/she constitutes governance.

The right chest part of the above E was drinking at one time while this she was called “this shear.”

Accordingly, the defendant, by assault, interfered with legitimate execution of duties of police officers on the maintenance of public order.

Summary of Evidence

1. Legal statement of witness E;

1. Each police statement made with respect to E and D;

1. A investigation report (related toCCTV image reading);

1. Application of the Act and subordinate statutes to the investigation report (No. 2 of the evidence list);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the argument is that police officers D and E belonging to the police station C District District of the Heung-gu Police Station attempted to forced the defendant to go to the C District without demanding the defendant to voluntarily accompany the defendant. As such, the arrest act of the above police officers cannot be deemed legitimate performance of official duties, and the arrest act of the police officers cannot be deemed legitimate performance of official duties, and the defendant's body flabs the chest of the police officers E to avoid it, but it constitutes a legitimate defense to prevent illegal arrest.

2. According to each evidence duly adopted and examined by this court, the police officer D belonging to the C District Police Station C District shall be the defendant, who is using dynasium urology in the above C District Parking Lot, “I am not to see any change.”

It means that the police officer E, who belongs to the same district group, requested the defendant to provide identification card, and the defendant is different from this, in order to say that the police officer E, who belongs to the same district group, tried to take measures.