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(영문) 서울동부지방법원 2017.07.20 2017고단782
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, around February 21, 2017, on the street of Songpa-gu Seoul Metropolitan Government 201 Dong 201 Dong D convenience store on February 21, 2017, and on the street of the Defendant, on the street, why the police officer “in the case of why the police officer was a police officer “ to G who belongs to the F District Unit of the Seoul Song-gu Police Station in order to arrest the Defendant’s daily police officer as the charge of violating the Punishment of Minor Offenses Act.

'The above patrolman resisted with his hand, and interfered with the legitimate execution of duties of police officers with respect to the investigation of the crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Report of investigation (statement of witness) [Defendant and defense counsel are illegal because the arrest of a flagrant offender to E is not legitimate, and the defendant's act does not obstruct the execution of official duties as it prevents illegal performance of official duties;

The argument is asserted.

However, the following circumstances acknowledged by the foregoing evidence, and the police officer dispatched at the time demanded E to produce identification cards two to three times on suspicion of disturbing drinking, but the police officer refused to do so, while the police officer notified E that E could illegally arrest an offender in the act of residence, the police officer continues to do so at the police station, and the police officer is not required to do so in all on-site.

On the other hand, the location of a disturbance in E is a public place, and it is not easy to identify E in the event that the identity is not confirmed immediately as it is, and the E refuses to verify the identity as above, G police officers notified E of the arrest of a flagrant offender and obstruct the performance of official duties by having the Defendant wear E while carrying on the patrol vehicle while holding the patrol vehicle and getting E on the patrol vehicle, and notified the police officers of the M of the M of the M of the M of the U.S. Principles to E immediately after he re-boarded on the patrol vehicle, and as such, it is somewhat somewhat somewhat unreasonable to notify the police officers of the M of the U.S. Principles to E due to the Defendant’s interference with the performance of official duties.

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