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(영문) 수원지방법원 평택지원 2016.02.16 2015고단1623
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence 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 24, 2015, the Defendant was arrested as a flagrant offender due to drinking driving at around 00:06, and was requested by F, who is a police official, at the D Public Security Center located in Pyeongtaek-si Police Station D Public Security Center located in Pyeongtaek-si, to prepare documents related to drinking control, and the above police officer “Neine”

Dogre, Dogre, Dogre;

Republic of Korea dysia

“Along with the foregoing police officer’s desire to go out of the said global belt office, the police officer intending to go out of the said global belt office, and walking from the said police officer’s scams and scams, and the police officer intending to move the scam to the office in which the scams are installed for the safety of the defendant, thereby obstructing the police officer’s legitimate performance of duties on criminal investigation and arrest management.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. 집행유예 형법 제 62조 제 1 항 피고인 및 변호인의 주장에 대한 판단 피고인과 변호인은, F이 피고인의 팔을 뒤로 꺾거나 피고인을 억지로 일으켜 세우자 피고인이 이에 대항하여 엉겁결에 왼손을 뒤로 휘둘러 F의 얼굴을 때린 것이고, F이 피고인의 팔을 뒤로 꺾거나 피고인을 억지로 일으켜 세운 행위는 위법한 공무집행이므로, 이에 대항하여 피고인이 왼손을 휘두른 행위는 정당 방위라고 주장한다.

According to the records and evidence, although F was low by causing the Defendant’s arms, it appears that F was less than plucking, plucking, etc. by causing the Defendant’s arms, and the developments leading up to the Defendant’s destruction, and the passage by walking with the books and chairs located at the time of the Defendant’s exploitation, which led the Defendant to move the Defendant to another place, and thus, it cannot be said that it was illegal performance of official duties.

Sentencing.

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