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(영문) 서울동부지방법원 2016.11.28 2016고단946

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 20, 2016, at around 20:20, the Defendant: (a) sent to the site after receiving a report from the head of Gangdong-gu Seoul Metropolitan Government “D” head; and (b) took a 112 report to the effect that “profescing” exists; and (c) took a bath, without any justifiable reason, to the background F of the region belonging to the Gangseo Police Station E District of Gangdong-gu Police Station, which was under ascertaining the details of the report; and (d) took an act as if he were at the time of selling; (b) notified that G, who belongs to the same district, could restrain the Defendant’s act as above and be punished as obstruction of performance of official duties; and (c) assaulted, such as assaulting G by taking the back part of G on one occasion at the left part of G at one time.

Accordingly, the Defendant interfered with the legitimate execution of duties by G on the handling of 112 reported cases by police officers and crime prevention.

Summary of Evidence

1. Legal statement of witness G;

1. The defendant asserts that he did not exercise all tangible power against police officers, and that he suffered injury in the course of being illegally arrested.

However, the following circumstances acknowledged by evidence, i.e., (i) G, upon receiving a report of vision, shows the attitude that the Defendant would have committed assault to G as stated in the facts constituting a crime in the judgment of the horse victim, and (ii) the Defendant alleged that he did not exercise all tangible force against the police officer; however, the Defendant was in a situation where the police officer was in the presence of the police officer due to considerable interest at the time, and the Defendant requested additional assistance of patrol in light of the fact that the Defendant’s resistance was extreme during the arrest process, and that it is difficult to believe the Defendant’s assertion as it is; (iii) H has a tendency to make a statement favorable to the Defendant without consistent statements during the testimony process as a person who interferes with the arrest of the Defendant or interest of the Defendant, but it is also based on such statement.