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(영문) 서울북부지방법원 2017.10.25 2016고단5216
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 22, 2016, at around 00:40 on October 22, 2016, the Defendant solicited the Defendant, who was under the influence of alcohol, to return home at the risk of her face to the Defendant, who was on the road by a police officer belonging to the D District Police Station of Seoul Central C Apartment-gu, Seoul, which was called up to 112 protective measures at the front of the 401 front road, and the Defendant solicited the Defendant to return home to the said E.

When the Defendant, who was moving back to the bed of the bed, fell from the ground and recommended the Defendant to set up and return home from the cell phone so far as he fell away from the ground, he assaulted the Defendant, such as “Choe . . . Ha will come to go to her frith,” and by hand, the Defendant committed the instant E’s chest, whose hair was pushed up, and whose hair was pushed up and pushed back.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting duties.

Summary of Evidence

1. Each legal statement of witness F and E;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. As to the assertion of defense counsel under Articles 70(1) and 69(2) of the Criminal Act, the defense counsel asserts that a police officer’s act of taking out a mobile phone following the Defendant’s money cannot be deemed a lawful act of performing his/her duties.

According to Article 4(1) of the Act on the Performance of Duties by Police Officers, when a police officer finds, under the influence of liquor, a person who is highly likely to cause harm to his/her or another person's life, body, or property and who has a reasonable ground to believe that emergency relief is required, the police officer may take appropriate measures, such as requesting an emergency relief or protecting the police office. According to paragraph (4), when a police officer takes measures under paragraph (1), the police officer shall notify the family, relative, or other relative of the fact without delay. If the relative is not found, the police officer shall be subject to relief.

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