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(영문) 서울남부지방법원 2016.05.20 2016고단1119
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On March 20, 2016, around 22:49, the Defendant assaulted the victim C (V, 72 years of age) by drinking alcohol without any justifiable reason while drinking alcohol in a bus No. 25713, a city digital short-term bus stop located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City.

2. On March 20, 2016, the Defendant interfered with the performance of official duties within a bus No. 5713, which was parked in a bus stop in the digital bus stop in the above-mentioned digital short-term area, on March 20, 2016, and the circumstances leading to the Seoul Geumcheon Police Station D District, which was called out after receiving a report from 112, E, in order to ask the Defendant to ask the circumstances of the case, he will put off the two arms in his hand, and “packer.”

".................. in hand, flabate E’s blaps, and flabed E’s back with hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reported case and crime prevention patrol of police officers E.

Summary of Evidence

1. Partial statement of the defendant;

1. The written statement of the defendant;

1. Statement made by the police for E;

1. C’s statement;

1. On-site dispatch reports;

1. A report on investigation (or a counter-investigation of bus officers once 5371);

1. The defendant asserts that a photograph and CCTV video (a police officer called up at the time of the instant case was passive and resisted to the defendant for the purpose of interfering with the performance of official duties as indicated in the judgment, and thus cannot be evaluated as a crime interfering with the performance of official duties.

However, according to each of the above evidence, such as CCTV video images, when the police officer, who was dispatched after being reported 112, tried to verify the situation when the defendant was living behind the bus, the defendant was confirmed that he saw the falth of the police officer's balth and falthed with the balth of other police officers after the balth of the balth. The police officer attempted to confirm the situation in order to deal with the 112 reported case, and the defendant used violence against the police officer. Thus, the police officer's act constitutes legitimate performance of official duties, and the defendant used violence against the police officer.

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