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(영문) 인천지방법원 2017.06.08 2017고단2322
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 12, 2017, at around 22:00, the Defendant recommended the Defendant to move back to the house after having reported the Defendant’s father E 112 from the 201 Dongdong-gu Incheon apartment house 201, Dongdong-gu, Incheon around 15, 2017, and the Defendant sent back to the Defendant, by hand, was tightly pushed back the F’s breast part, was tightly pushed back to the Defendant, and the Defendant was pushed up to the Defendant, who was f’s chest back to the Defendant, and f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s fat.

Accordingly, the suspect assaulted the police officer to execute the 112 reporting processing affairs.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to F and G;

1. Each investigation report and notification of the department related to the report of the 112 case [the defendant and his defense counsel attempted to notify the police officer as a disturbance of drinking under Article 3 (1) 20 of the Punishment of Minor Offenses Act at the time of the crime of this case, but the notification on the ground of the disturbance of drinking is unfair, since the place of crime is not a place to be planned in the Punishment of Minor Offenses Act, and thus the defendant refuses to receive notification from the police officer at the time of the crime.

In spite of the fact that the police officer continued to take the procedure of notification, the notification disposition is not legitimate in this respect. However, even if the defendant's act against the above notification disposition does not constitute a constituent element of the obstruction of performance of official duties, and even if it is recognized that it falls under the constituent requirement, considering the circumstances of the crime, etc., the defendant's act is excluded from illegality because it constitutes an act with considerable reason to defend unfair infringement of legal interests. However, the defendant's act was lawfully adopted and investigated by the court, i.e., the defendant's notification disposition by the police officers.

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