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(영문) 수원지방법원 안양지원 2018.12.11 2018고단1258
특수공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On July 16, 2018, the Defendant reported 112 at the Gunposi B building between 00:34 and 01:00 on July 16, 2018, at his own house, and 112 during the dispute with D, a female living together, and demanded a police officer to produce a female living together, but the Defendant did not accept his/her request on the ground that he/she cannot force the living together, but did not support F and G on the ground that he/she was unable to move out of his/her house. F and G “I take d. if it is impossible to do so. I are responsible for the deceased female who died within her house, or who died of her house, take a knife (20 cm a day, 35 cm a total length), which is a dangerous object in which he/she was living in, and sent a warning to her own body and body, and that he/she should clearly change his/her own body and body.

In order to protect police officers' public order and to investigate crimes under 112 report, it interfered with legitimate execution of duties of police officers on the maintenance of public order and criminal investigation.

Summary of Evidence

1. Statement made to F or G by the police;

1. Seizure records;

1. A transcript of a fluoral video recording with the closure of a fluoral video and with the field;

1. Investigation report (verification of the list of 112 Report Processing Cases) (Defense Counsel asserts that the defendant's act constitutes self-harm and thus cannot be seen as intimidation against police officers.

In order to establish a crime of intimidation, the details of harm and injury notified must be sufficient to cause fears to ordinary people, in full view of various circumstances before and after the act, such as the offender’s tendency, surrounding circumstances at the time of notification, and the relationship between the offender and the other party, such as the degree of friendship and status, etc. However, it does not require that the other party may feel fear in reality. As long as the other party recognized its meaning by notifying harm and injury to such an extent, the elements of the crime are satisfied regardless of whether the other party actually caused fears.

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