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(영문) 서울서부지방법원 2018.10.26 2018고단1702
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

The Defendant, around April 16, 2018, has a person who provided alcohol in front of Mapo-gu Seoul Metropolitan Government on the street around 23:45.

“I have received 112 reports and dispatched to the site, “I have received a report,” and “I have called to the police officer belonging to the Mapo-gu Seoul Metropolitan Police Station C District.

It shall be the same for returning home.

“At the time of solicitation,” against the Defendant’s wife of the reported person

"Along with the flag, the head of the flag on the street was left adjacent to D, and D interfered with legitimate execution of duties by the police officer on the handling of report, etc., by cutting off D's flag, 3 times the head of the flag, and assaulting D's 112, by cutting off D's flag into D's flag, and flabing D's flag.

Summary of Evidence

1. Legal statement of the witness D;

1. CCTV images;

1. A report on the use of electric shock machines;

1. Application of Acts and subordinate statutes to photograph victims of violence;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Determination on the assertion of Article 62-2 of the Criminal Act regarding community service order

1. The police officer, at the time of the instant assertion, did not pose a risk of harm to the life, body, etc. of a person or serious damage to his/her property, had flapsed first by the Defendant.

The above act of police officers cannot be deemed legitimate execution of official duties, and thus, the defendant asserted that the defendant committed an act stated in the facts charged.

Even if the defendant does not constitute a crime of interference with the execution of official duties.

2. Where a police officer in charge intends to commit a criminal act in front of such criminal act;

If it is recognized, a warning necessary to prevent such act shall be given to the person concerned, and if it is urgent that such act causes, or is likely to cause, any danger or injury to human life or body, or grave damage to property, such act may be prevented (Article 6 of the Act on the Performance of Duties of Police Officers).

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