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(영문) 부산지방법원 2017.04.26 2016고단7127

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 29, 2016, the Defendant was demanded to return to the site on September 23:40, 2016 after receiving a report from D parking lot located in the Busan East-gu, Busan-dong, and on September 29, 2012, that he sent to the site from Busan-dong Police Station E-gu, Busan-dong Police Station E District.

Defendant F’s residence is located in the above F

I would like to confirm the identity card only once by the “The house Da, H C and C,” and the F would not present accurate residence.

"I am to see why I am out of the main body for the purpose of identifying the residence, etc. of the defendant after the notice "I am out of the main body of this case, why I am out of the main body for the purpose of identifying the residence, etc. of the defendant

“In doing so, the Defendant spits the above F several times of drinking with a view to the foregoing F, and spited the Defendant on the floor to control the Defendant’s face, and spited the above F’s face near the Defendant’s face once. By doing so, the Defendant assaulted F, thereby obstructing the police officer from performing his legitimate duties in relation to the mobilization of the report duty.

Summary of Evidence

1. Legal statement of witness F;

1. Notification to the department related to the report of 112 case;

1. The defendant and his defense counsel asserted that the F's act of taking out the defendant's wall is illegal performance of official duties lacking legality, and even if legitimate performance of official duties is legitimate, the defendant's act of spiting or spiting drinking is merely a passive act of defensive defense and thus constitutes a legitimate defense or a legitimate act.

On September 29, 2016, on the basis of the evidence adopted and examined by this court, a report was received that the proprietor was used on the alleys entering the D parking lot in front of I on September 29, 2016, and was called out by F for protective measures by the Busan East Police Station E District on the same day, the defendant was already reported on around 22:46 on the same day, and the police officer was called out, and the defendant was too difficult to avoid so.

The call-up was called “........”