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(영문) 의정부지방법원 2019.10.11 2019고단1996

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 1, 2019, at around 03:42, the Defendant was arrested as a flagrant offender under suspicion of fraud by a slope E belonging to the above police box, who was dispatched to the police box on the same day after receiving a report of 112 by the person at the above main station that the Defendant received alcoholic beverages, etc. from a main station located in D and did not pay the charges.

After the investigation, the Defendant saw the disturbance of the above E by avoiding the disturbance, such as three times of the books of the above E, and assaulted E two or three times of the spitation of the right spition of the above E due to the spitation of the spitation of the face of the above E, and then, he assaulted E two or three times of the spitation of the spitation of the spition of the E.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness F and E legal testimony;

1. Statement made to F and E by the police;

1. A written statement;

1. The Defendant’s video CD [the Defendant and his defense counsel] asserted that the arrest of the Defendant in the act of committing an offense of obstruction of performance of official duties is unlawful inasmuch as the arrest of the Defendant committed an act of failing to comply with due process under the circumstances in which it is unlikely to escape, and thus, the Defendant’s act of resistance is not constituted a crime of obstruction of performance of official duties. However, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, F stated that “I cannot calculate the Defendant as the Defendant did not have any money from the beginning,” and the Defendant reported to the police through the initial statement and the statement.” F clearly expresses that the Defendant’s intention to not pay the money due to the reason why it is difficult for the Defendant to obtain the money, and that F expressed that “I cannot counter the Defendant, who is a male under the influence of alcohol,” a woman’s other party to the Defendant.