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(영문) 대전지방법원 홍성지원 2017.08.29 2017고단283

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 22, 2017, the Defendant reported to the 112 Defendant that the Defendant, who had been a guest in Bocheon-si D on April 14:15, 2017, was in front of, and reported to the 112, requesting assistance by failing to leave the room, and that he was in front of, the Defendant “Isson” to the Defendant, who was in front of, and was in front of, the part of the police station in Chungcheongnam-gu, Chungcheongnamcheon-gu, Police Station, Taecheon-gu, Hacheon-gu, and

“ Doz.” Doz. Doz. Doz. Doz. Doz.

(d) The death or death shall be discarded.

B. Around 10 minutes, such as four faces, repeated the 10-minutes of the victim, and in order for F to see her f to her f to her f to her f to her f to her f to her f to her f to her f to her f to her f to her f to her f to her f to her f to her f to her f to her f to her f to her f

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Statement made by the police with H;

1. Determination as to the assertion of the Defendant and his defense counsel on site photographs, investigation reports (a CCTV CCTV storage)

1. Summary of the assertion

A. As to the illegality in the performance of police officers’ duties, the police officer’s entry into a room in which he/she was divingd without the consent of the defendant without specific criminal suspicion constitutes an intrusion into a room by itself. The police officer’s performance of duties in this case is unlawful, since the police officer’s entry into a room in which he/she had stayed for more than 10 minutes after viewing the defendant in his/her body condition and stayed in the room itself, which seriously infringes upon private life.

B. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing the instant crime.

2. Determination

A. Whether a police officer’s performance of duties by a police officer is illegal shall perform his/her duty to prevent, suppress, and investigate a crime (Article 2 subparag. 2 of the Act on the Execution of Duties by Police Officers), and the specific details and methods of such duty act.