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(영문) 서울중앙지방법원 2018.11.08 2018고단4319

공무집행방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

around 23:20 on May 27, 2018, the Defendant: (a) went off from the world before the “D cafeteria” located in Gangnam-gu Seoul, Seoul, and her talked with the police officer F of the police station E division of the police station to ask questions about his/her personal information, who was called out after receiving a report 112; and (b) “I will the police officer take a bath to him/her; and (c) I will or will the police officer take a bath.”

The term "marine" has heard a horse at one time at his/her face by drinking him/herself.

피고 인은 위와 같이 위 F를 때려 현행 범인으로 체포가 되어 순찰차에 탑승한 후 발로 F의 복부를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the report and criminal investigation by police officers.

Summary of Evidence

1. Details of each testimony of the witness F and G;

1. Part of each protocol concerning the police of the accused and the examination of the suspect in the prosecution;

1. Each statement of G and H;

1. Each investigation report (round 9, 10) and the results of CD images viewing [the defendant and his defense counsel first controlled by the defendant;

Because there is no fact that the face of F is the drinking price, the arrest of a flagrant offender against him is an illegal performance of official duties, and then the arrest of the police officer is a passive resistance by the police officer, and even if the defendant's bridge prices the part of F.C., the obstruction of the execution of official duties cannot be established.

However, the following circumstances acknowledged by each of the above evidence, i.e., ① the statement of police officers dispatched to the site at the time, including the victimized police officers, are consistent and specific, and ② the Defendant’s question that is basically unfavorable in the course of the investigation, is not well-contestable.

진술하였는데, F 경위를 향한 욕설 내용이 ‘ 경찰관 너도 깽깽 이지’ 라는 것이고, 현행범으로 체포될 당시 경찰관들이 제복을 입고 있었냐

The police officer's question was ‘the police officer was in the uniform.'