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(영문) 서울남부지방법원 2020.01.20 2019고단3934

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On April 27, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of interference with business, etc. at the Seoul Southern District Court on April 27, 2017 and completed the execution of the sentence at the Seoul Southern Southern District Court on October 23, 20

【Criminal Facts】

Around 07:00 on April 27, 2019, the Defendant assaulted C in the process of disputing the denying person C at the Defendant’s residence located in Gangseo-gu Seoul Metropolitan Government, and the background E in the Seoul Gangseo Police Station D District, and the patrolman F reported 112 in relation to domestic violence and dispatched to the said residence.

The Defendant assaulted the back part of C at one time by hand on the ground that C’s statement of damage to police officers. Accordingly, the police officer assaulted the Defendant at one time to walk on the right side part of F in the face, spitfing the Defendant at one time on the face, and spitfing the part of G’s left side part of the policeman called to the site upon receiving a request for support on one occasion. Upon receiving a request for support, the Defendant assaulted the Defendant at least three times on the left side part of H’s face on three occasions.

Accordingly, the defendant interfered with the police officer's 112 reporting duty and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, G, and H;

1. List of 112 reported cases handled, respectively;

1. Video file CDs;

1. [Judgment on the assertion of the defendant and his/her defense counsel] criminal history records, etc. inquiry report, investigation report (the same kind of records confirmation report, such as a suspect repeated crime and probation period)

1. The Defendant asserting that the performance of duties by police officers is illegal, asserting that the Defendant was illegal, even though he did not assault C, by misunderstanding that C was reported to the police by misunderstanding that C had been at the seat of C, and that C was at the center by misunderstanding that C had been reported to the police, and that C was at the center of the face of C, and that it was in excess of C was directly affected by the door area.