(영문) 서울북부지방법원 2014.07.04 2013고정2937

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(영문) 서울북부지방법원 2014.07.04 2013고정2937

공무집행방해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 00:40 on August 23, 2013, the Defendant used the same in front of the exit 5, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, about 00:40.

At this time, the Seoul Nowon Police Station C District D and Assistant E were sent to the site after receiving 112 reports (NO: 584).

The Defendant: (a) took a bath that he was shouldered by the Victim E, who was the victim; (b) assaulted the inside part of the slope E on two occasions, thereby obstructing the police officer’s legitimate performance of official duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the protocol of examination of witness E to the witness;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's assertion against the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the defendant's act of resistance does not constitute obstruction of the performance of official duties, or self-defense or legitimate act, since he did not know that he was a police officer at the time of arrest, and that he was not informed of the right to refuse to make a statement.

However, comprehensively taking account of the evidence duly adopted and examined by this court, it is recognized that the police officers, who were called at the time, were able to break back the defendant who was locked, and the defendant was faced with the face of the slope E by her head while she wanting to take the defendant, and the police officer was given a warning that he would return to the police officer when she was punished by the police officer, and even when she was given a warning that she would return to her house, the police officer would take the face of the vehicle slope E by taking the face of the vehicle and her bath, and then notified the police officer of the doctrine that she would wear the defendant. As above, it is determined that the police officer arrested the defendant as a flagrant offender in the obstruction of performance of official duty to arrest the defendant as an flagrant offender in the

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