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(영문) 서울북부지방법원 2019.06.19 2018고단5339
공무집행방해
Text

Acquittal of the Defendant

Reasons

1. Around 23:30 on October 6, 2018, the Defendant: (a) 23:30 on the street in front of the sperm located in Gangnam-gu Seoul, Gangnam-gu, and (b) 4 juveniles, such as C, were fluored with tobacco and fighting; (c) continued to be cleared by the police commander E belonging to the police box of the Seoul Gangseo-gu Police Station Dental Police Station that was called upon 112 and called out after being reported 112; (d) was fluor E who demanded a presentation of identification cards during the fluoring of alcohol; and (e) thereafter, the Defendant fluor E who laid his arms and carried it on one occasion at the seat of the police box, stating that “this fluore” is called fluor E.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

2. Ex officio determination

A. The defendant confessions the above facts charged.

However, Article 8 (3) of the Punishment of Minor Offenses Act provides that anyone who pays a penalty after receiving a notice of penalty payment disposition shall not be punished again for the same offense, thereby recognizing the effect corresponding to the final judgment of penalty payment in accordance with the above notice disposition.

B. The following facts are acknowledged based on the evidence submitted by the prosecutor.

1) The Defendant committed an act of violence as described in the facts charged against the police officers dispatched to the same background as indicated in the facts charged. On October 6, 2018, the police officer Eul et al. arrested the Defendant as a flagrant offender at the above place and brought the Defendant into the Gangnam Police Station. 2) Since then, the Defendant refused to affix his/her signature and seal on the certificate of arrest of the flagrant offender. However, under the absence of any particular act of obstruction of performance of official duties, the police officer belonging to the Seoul Gangnam Police Station released the Defendant on October 7, 2018 after completion of the investigation into the Defendant upon confirmation of the identity of the Defendant, and then released the Defendant on October 7, 2018. On the same day, the Seoul Gangnam Police Station on the same day on October 3: 34, 2018, on the ground that the Defendant “dacting disturbance in front of the street donor located in the Gangnam-gu Seoul Northern Police Station” under Article 3(1) of the Punishment of Minor Offenses Act.

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