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(영문) 부산지방법원 서부지원 2017.11.14 2017고단607
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 December 17, 2016, around 17:50 on December 17, 2016, the Defendant: (a) received a report from the Defendant, 112, around the dwelling entrance of the Defendant, 102-dong 1202-dong 1202, the Defendant: (b) heard the Defendant’s speech that he would enter the house for the purpose of the victim relief and on-site investigation, etc. of family violence reports from the police officer E belonging to the D District Team in Busan, and the police officer E, and the on-site investigation from the police officer F; and (c) enter the said E (55 years).

Fluss bals flus, bals flus flus

The police officer's legitimate performance of duties related to the handling of 112 reports was hindered while taking a bath for "Ie L." and drinking the right chest part of the above E two times.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements from witnesses E and F;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act;

1. The gist of the assertion was that the Defendant opened a door on his own, and even though police officers had access to the door, they merely obstructed the Defendant from entering the house without a certificate of identification, and there was no violence, and it cannot be deemed legitimate performance of official duties.

2. Determination

(a) He/she is deemed from an investigative agency to the court that he/she was chest from the defendant;

consistently stated, and was in the site;

F’s statement also conforms to this.

On the contrary, the victim's statement does not appear to be false and credibility is recognized in light of the victim's attitude of statement in this court.

B. When a domestic violence offense report is received, a judicial police officer may enter the reported scene or the relevant place for the investigation of the case and investigate relevant persons or ask questions, and the domestic violence offender shall be a domestic violence offender.

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