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(영문) 수원지방법원 2017.10.26 2017고단220
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 21, 2016, the Defendant filed a 112-report in the “E coffee shop” operated by the Defendant located in Heung-gu, Young-gu, Young-gu. “F due to the former male-child job F having entered the shop, leaving the shop, and requesting to leave the shop.”

H and slope I called up upon receiving the above 112 report and recommended F to go out of a coffee shop and voluntarily return home.

On September 21, 2016, from around 04:10 to 04:20 on the same day, the Defendant assaulted Ha in his hand by arresting his body in the future from the above H, even though he told that he would arrest him as a charge of obstructing the performance of official duties.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Each legal statement of witness I and H;

1. Each police statement made to I and H;

1. The investigation report (the list No. 1 of evidence);

1. The written statement of the defendant;

1. Application of the CCTV-related Acts and subordinate statutes for crime prevention;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. According to the 112 General Rules on Operation and Handling of Reports by Police Officers, cases reported are strictly handled in accordance with the relevant statutes and regulations, such as the Act on the Performance of Duties by Police Officers, and where a case is resolved, the 112 handling of reports can be completed if the case is resolved.

set forth.

At that time, H police officer sent the perpetrator F to the outside of the E coffee shop, and at that time the 112 report processing work was completed.

Nevertheless, they did not leave the site, continued to produce evidence without the consent of the defendant, and there was a disturbance between F and F.

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