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(영문) 서울동부지방법원 2018.07.20 2018고단118
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

Criminal facts

On December 21, 2017, around 05:50 on December 21, 2017, the Defendant: (a) committed assault against the Defendant who was sent to the Songpa-gu Seoul building C; (b) “A husband’s use of violence,” which was sent to the 112 report; (c) the police officer affiliated with the D District Unit E, Seoul, Song-gu Police Station D, Seoul, who was faced with a bridge, expressed his identity and expressed his status “A fright to grow here, the police officer will grow up here.” In doing so, the Defendant assaulted E by walking the breast part of E once.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the reported case by the police officer, the above E- 112.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Partial statement of witness G;

1. Statement made by the police for E;

1. A written statement of G and F;

1. Application of Acts and subordinate statutes to notify a copy of the work site in the D District and a department related to the 112 reported case;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. Determination as to the assertion that there was no intention to obstruct the use of violence and the performance of official duties

A. The summary of the argument was that the Defendant was under the influence of alcohol at the time of the instant case, so there was no perception that he was a police officer about the fact that he was under the influence of alcohol, and that he was only engaged in vain vain in diving. As such, there was no enemy who actually assaulted a police officer. As such, the Defendant was on the chest of a police officer as stated in the facts constituting vain vain that he was under the influence of alcohol at the time of the instant case.

Even if there was no intention to obstruct violence and performance of official duties.

B. According to the evidence duly admitted and investigated by the court, the following facts and circumstances are acknowledged.

① Domestic violence with the content that E and F, a police officer belonging to the Seoul Song-gu Police Station D District, exercised violence from G around December 21, 2017.

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