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(영문) 수원지방법원 2016.02.03 2015고단4506

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 8, 2015, around 05:20, the Defendant, at the street in front of Osan City, was passing through D, where D, the payment of taxi expenses and the payment of taxi expenses that he/she gets on a taxi at the drinking place and go to a telecom.

E Ambling a patrol vehicle and reported “booming”.

According to the above report, the police officer F, who belongs to the police box, expresses his position, rank, and name to the defendant, explain the part of the victim's chest within the taxi and arrested the suspect as the current criminal of forced indecent conduct, and notify the suspect's right.

“F.” In this context, the chest was f.o.b. f. f. f. f. f. f. f. f. f. f. f. f. f. f.

Accordingly, the defendant interfered with legitimate execution of duties for the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to F or D;

1. On-site photographs and photographs of physical damage [the defendant's defense counsel's interrogation process of arresting the defendant as an indecent act committed by the police officer at the time of the above assault against the police officer was insufficient and resistanceed to this effect does not constitute an act interfering with the performance of official duties. However, in full view of the above evidence, the crime of indecent act at issue appears to have been committed in the course of getting the defendant and the victim up to the scene of this case, and the defendant and the victim did not leave the scene of this case. It is recognized that the police officer who was on the patrol after about 10 minutes received the victim's statement and arrested the defendant as an act of indecent act committed by the police officer during the crime of forced indecent act. The issue of whether the crime of indecent act was established can be seen as a result of comprehensively considering the statement of the defendant and the victim, but at the time of arrest, the victim's statement and the defendant attempted to flee as above.