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(영문) 대전지방법원 서산지원 2020.06.25 2019고단548
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On April 20, 2019, the Defendant of the obstruction of performance of official duties: (a) around 00:10, the Defendant: (b) received 112 reports on the fact that “The male who was living alone would escape from disturbance outside of the door,” and the police box belonging to the Seosan Police Station D police box called out to the scene after having received 112 reports on the fact that “The male who was living alone would escape from disturbance outside the door.” (c) prevented the Defendant who was traveling along the above C’s apartment entrance at the above place, including walking the entrance, and then sold the chest of the above E on one occasion.

As a result, the defendant assaulted police officers E, thereby hindering police officers from performing their legitimate duties concerning handling of 112 reported cases, and prevention, suppression, and investigation of crimes.

2. On April 20, 2019, the Defendant attempted to destroy and damage property, on the ground that the victim C cannot enter his/her house at the apartment parking lot located in Seosan-si B on the ground that he/she could not enter his/her house in the apartment management office, and that he/she did not commit an attempted crime but did not go to the wind that he/she was arrested by the police officer on the wind that he/she was posted in the apartment parking lot located in Seosan-si, Seosan-si.

Accordingly, the defendant attempted to damage the victim's property and attempted to commit the crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses E in the fourth trial records;

1. Statement to C by the police;

1. On-site photographs;

1. The defendant and his defense counsel asserted that the defendant did not assault the police officer, even if there was no intention to do so, and that there was no intention to actually destroy the victim's vehicle. However, in order for the crime of obstruction of performance of official duties to be established, the other party is aware of the fact that he was a public official performing official duties and that he was an assault against it, and the other party is required to proceed, and the purpose or intent to interfere with the execution of official duties is not required (see Supreme Court Decision 94Do1949, Jan. 24, 1995).

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