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(영문) 서울서부지방법원 2016.11.30 2016고단864
공무집행방해
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 16, 2016, at around 30, 11:40, the Defendant: (a) was drunk in Seodaemun-gu, Seoul, 39-3 mountain trails, and was under diving, and (b) reported to the scene that “the citizens have to confirm it because it is difficult for the citizens to enjoy it;” and (c) asked the police officer to produce identification cards from D, the police box of Seodaemun-gu Police Station C, who was dispatched to the site after having received a report that “the citizens have to do so; and (d) he was asked to produce the identification cards; and (d) he was fluored by E to restrain it; and (e) the Defendant stated that “I am this dog, son, son, son, son, son, etc.” but it is also stated that the prosecutor did not constitute a crime of insult, and thus, did not prosecute the police officer to proceed with his duties as an offense of insult, thereby recognizing the Defendant’s act of assault.

The police officer's legitimate execution of duties was hindered against non-explosive police officers.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Statement made to D by the police;

1. A E-document;

1. Determination as to the assertion by the victimized Defendant and the defense counsel

1. The defendant and his defense counsel asserted that the execution of duties was illegal since they did not notify the Muslimism, so the execution of duties is unlawful. However, the charge against the defendant is not an assault against the police officer who arrested the defendant, but the notification of the Muslimism is not a requirement for the legality of the autopsy. Thus, this part of the argument is decided without a separate determination.

A police officer in charge of murder may stop and question a person who has considerable grounds to suspect that he/she has committed or is about to commit a crime in judging from his/her superior behavior or surrounding circumstances, and may ask questions to him/her when he/she questions him/her.

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