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(영문) 울산지방법원 2020.11.05 2020고단1328
공무집행방해
Text

The defendant shall be innocent.

Reasons

1. On March 18, 2020, the Defendant: (a) on March 18, 2020, the facts charged: (b) obstructed a public official by exercising force against a police officer, such as the head of U.S., the head of U.S., the head of U.S., the head of U.S., the head of U.S., and the head of U.S., the head of U.S., the police station: (c) demanded the police officer to wear the Defendant at the seat of the patrol box; (d) on the ground that he was refused despite having received a report that the Defendant posted another person’s fighting on the road prior to the point of south of the C Bank located in U.S., U.S., the Defendant: (a) prevented the Defendant from departing from the patrol vehicle in front of the patrol for about twenty-five (25) minutes; and (b) obstructed a public official by exercising force against the public official in order to perform his duty of reporting and handling the police officer’s 1112.

2. Determination

A. Legal doctrine 1) The crime of obstruction of performance of official duties is a constituent element of violence or intimidation, and the crime of obstruction of performance of official duties is not subject to such constituent element. The Criminal Act separate from the crime of obstruction of business from the crime of obstruction of business is to distinguish between private duties and public duties, and the purport of punishing a public official only in cases of obstructing the execution of official duties by means of assault, intimidation, or deceptive scheme (see, e.g., Supreme Court en banc Decision 2009Do4166, Nov. 19, 2009). The crime of obstruction of performance of official duties is established by assault or intimidation against a public official executing official duties. The assault at this time refers to a notice of any harm and injury that may cause fear to the other party, without direct or indirect means of exercising illegal tangible power against a public official, but the assault or intimidation is against a public official performing official duties by nature.

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