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(영문) 대전지방법원 2013.09.26 2013고단2312

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 April 16, 2013, at around 20:40 on April 20, 2013, the Defendant: (a) sought to ask the Defendant whether or not the Defendant was assaulted; (b) a slope box of the Daejeonsan Police Station D, which was called out after receiving a report of domestic violence at the 201 suspender of Daejeon Seodong C Building 201; and (c) assaulted E’s flaps that were urged to cooperate with the Defendant.

Accordingly, the defendant interfered with legitimate execution of duties concerning investigation of domestic violence by police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Each legal statement of witness G and H in part;

1. Protocol of partial police statements concerning G;

1. As to the Defendant’s assertion of photographs, the Defendant resisted the police officer’s unfair arrest.

The defendant asserts that the above resistance did not constitute a crime as self-defense, because he merely took off, and he did not see E’s flab, and that the above resistance act does not constitute a crime as self-defense.

According to the evidence, it is acknowledged that police officers, such as E, dispatched upon receipt of a report of domestic violence, listen to the victim's statement from G and confirmed it to the defendant, the defendant expressed a desire to and demand the police officers to leave the house. The police officers notified that they are arrested as a flagrant offender of domestic violence and requested them to accompany the police officer to the district, and the defendant used violence, such as drinking breath, etc., and the police officers attempted to take the defendant's wall while going against the defendant, and the police officers were forced to take the wall, and the defendant was forced to take the wall, and the defendant was forced to boom the defendant and boomed toward the district. In light of the above circumstances of arrest, it is recognized that the police officers attempted to arrest the defendant as a flagrant offender of domestic violence as stated in the criminal facts in the judgment of the defendant, and thus, the defendant's assertion of self-defense is rejected.

Application of Statutes

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