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(영문) 의정부지방법원 2018.11.30 2018고단3369
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 2, 2018, around 02:55, the Defendant received a report from Yangju-si B, stating that he was a person under the influence of alcohol, and received a notification from 112, and solicited him to return home from C, a police officer belonging to the Gyeonggi-do Police Station, to which he belongs, the Defendant, and the said police officer, to “Chewing fluor,” and “Ne”

A. The death will be discarded in the event of the dissolution.

1. The police officer, at the time of the patrol, tried to see a bit of bitch,” and the police officer at the time of the patrol. As the police officer at the time of the check, the bitch bitch bit of bitch.

The bit of a bit of a bit shall be discarded.

Doz. Doz. Doz.

Dr. The gushee can be dead for gushee.

” 라는 등의 욕설을 하면서 위 경찰관의 얼굴 등에 침을 3회 뱉고, 머리로 가슴 부위를 밀치고 발로 다리를 걷어찼다.

As a result, the defendant assaulted police officers to interfere with legitimate execution of duties concerning the protection of police officers' lives, bodies and property, and maintenance of order.

Summary of Evidence

1. Partial statement of the defendant;

1. C Statement of the Police (the Defendant and the defense counsel did not constitute a crime of obstructing the execution of public duties because the police officer’s execution of duties in this case did not meet the requirements for exercising and exercising the police officer’s measures to protect the life and body of the police under the Act on the Performance of Police Officers’ Duties because the Defendant did not have to take protective measures at

The argument is asserted.

In light of the following circumstances acknowledged by the evidence in the judgment, the defendant was able to come back on the road on the new wall, and the 119 rescue team was reported on the ground of safety, and tried to rescue the defendant, but the defendant was refused to move to the site upon receiving a report from the above rescue team, and the police was dispatched to the site upon receiving a report from the above rescue team, and the police was urged to return home to the defendant for the purpose of safety and maintenance of order, but the defendant did the same act as stated in the facts of crime without any particular reason, and these acts were intimidation or assault.

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