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(영문) 서울남부지방법원 2018.07.18 2017고단5433
공무집행방해
Text

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

However, the execution of a sentence 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, at around 02:30 on October 21, 2017, arrested as a flagrant offender in the crime of assault by the security guards C, etc. belonging to the Seoul Yeongdeungpo-gu Police Station G of Yeongdeungpo-gu Seoul Police Station, and arrived at the F police box, but did not receive a notification thereof by himself even though he was notified of the instant principles.

주장하면서 그냥 집에 가겠다며 도주하여 당시 파출소 안에서 상황근무 중이 던 서울 영등포 경찰서 F 파출소 순찰 3 팀 소속 순경 B 등이 피고인을 제지하고 수갑을 채우려고 하자 이에 화가 나 오른발로 위 B의 양쪽 무릎 부위를 3회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the arrest of police officers in flagrant crimes and the handling of cases.

Summary of Evidence

1. Each legal statement of witness B, C, and D;

1. The legal statement of the witness H in part;

1. Statement statement made to the police officer B;

1. Investigation report (verification of CCTV images by the F police box);

1. Notification from the reporting of 112 Incident;

1. To serve a F police box;

1. Application of CCTV video CD-related Acts and subordinate statutes to the F police box;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing the performance of official duties and the choice of imprisonment);

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

1. Determination as to the assertion of the defendant and his/her defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act concerning the costs of lawsuit

1. The summary of the Defendant’s assertion did not meet the requirements, and the Defendant was not notified of the summary of the suspected fact at the time of arrest, the reason for arrest, and the right to appoint counsel, and thus cannot be deemed lawful performance of official duties. Thus, the Defendant merely supported the police officer’s kneekne to escape from such incidental arrest. Therefore, the instant facts charged cannot be acknowledged.

2. The following circumstances, which are acknowledged based on the evidence duly adopted and investigated by this Court, i.e., the security guards C and patrolmen D, etc., are blicked and sound by women-friendly Gu.

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