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(영문) 서울서부지방법원 2016.09.02 2015고단2245
공무집행방해등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be postponed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On August 23, 2015, the Defendant received 112 reports from the police officers belonging to the Yongsan-gu Seoul Metropolitan Government D District Unit of Yongsan Police Station, which called out, and arrested the flagrant offender from the police officers belonging to the Yongsan-gu Police Station D District D, which called out, around 20:10.

이에 피고인은 같은 날 20:57경 위 건물 앞길에서 지구대로 연행되는 과정에서 경찰공무원 경사 E가 피고인을 순찰차에 태우려고 하는 순간 순찰차의 문을 발로 차 위 E의 오른손이 차 문에 끼어 찧게 하였다.

Accordingly, the defendant interfered with the legitimate execution of police officers' official duties for arresting flagrant offenders and maintaining public order.

2. At around 21:30 on the same day as described in paragraph (1), the Defendant damaged the utility of the goods used by public offices by asking a small wave mona, which was located in the above earth while waiting to sit in the zone inside the Yongsan Police Station D District located in Yongsan-gu Seoul, Yongsan-gu, Seoul. In order to remove the goods after asking for a small wave mona, which was located in the above earth, and then damaged the repair cost of KRW 144,00.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Witnesses I and E's statement recording in the second protocol of trial;

1. Statement of the police statement of E;

1. A written statement of I;

1. Written estimate;

1. As to the obstruction of the performance of official duties, the Defendant alleged that the Defendant intentionally did not intentionally see the door of the patrol car, but only satisfy the body. However, in full view of the above evidence, it is sufficiently recognized that the Defendant intentionally satisfyed the door of the patrol car, and if the circumstances are the same, it is reasonable to deem that the Defendant, even though he did not wish to satfy the hand of the police officer at the time, did not desire to satfy the police officer to satisfy the police officer’s physical strength, the Defendant’s above act is likely to cause physical strength. Therefore, the Defendant can be found guilty of the obstruction of the performance of official duties.

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