(영문) 의정부지방법원 2014.03.25 2013고단3083

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(영문) 의정부지방법원 2014.03.25 2013고단3083

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 23:30 on May 16, 2013, the Defendant: (a) obstructed the Defendant’s disturbance by opening the door of the above No. 302, 302 on the ground that D, living at the location of 302, did not work at the restaurant operated by himself/herself; (b) on the ground that E, who was living at the said housing No. 303, 112, reported the defect that “I am under the influence of alcohol, flick the door, flick, flick, flick, flick, flick, flick, flick.”

When the police officer, who was dispatched to the frame of the above house, was hiding the door of the above 302, again concealed, the defendant attempted to refuse and escape even though he discovered the defendant in the alley where he was dispatched after receiving the above 112 report, and requested his personal information, and the above G attempted to refuse and flee. This was examined as follows: "the person who puts the defendant's arms," "the person who puts the defendant's arms," "the person who is subject to the basic taxation, and the person who is within the country," and "the president of H expressed his desire to see," and then, he committed assault, such as the person who fels the left kne of the above G, and walked one time to walk.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statements made by witnesses G in the second trial records;

1. Statement made by witnesses E in the third protocol of the trial;

1. Partial statement concerning each prosecutor's suspect examination protocol against the accused;

1. Statement of each police statement of G and E;

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The defendant and defense counsel under Article 62 (1) of the Criminal Act;

1. The defendant and his defense counsel asserted that the police officer tried to arrest the defendant first without the defendant's attempt to flee, and the defendant only resists the defendant to avoid this, and there is no other facts of assault on the statement of facts constituting a crime.

2. The judgment of this Court has been duly adopted and examined by this Court.

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

유사 판례

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