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(영문) 서울북부지방법원 2015.07.23 2015고단1300
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On February 19, 2015, the Defendant of the obstruction of performance of official duties at the parking lot of the Seoul Gangseo-gu Seoul Southern Police Station: on February 19, 2015, at the parking lot of the Seoul Gangseo-gu Seoul Northern Police Station, the Defendant called the scene after receiving a report on damage to the escapeing vehicle, etc. from the Defendant, and sent it to the scene, and notified the Defendant to the said police station as a slope D and E to the police officer of the police box affiliated with the said police station for the purpose of investigating the damage, and “When anywhere any she goes, requests the receipt of the report on weather or loss of any Handphone, where any Handphone is located in the field, it is possible to find it immediately if he receives the report on weather or loss of any Handphone, and the face of the said D is found to be a son’s knish with his hand, and the above son’s head was found to be a knish.”

Accordingly, the defendant assaulted the above police officers and obstructed their legitimate execution of duties concerning the protection of their lives, bodies, and property.

2. C파출소에서의 공무집행방해 계속하여 피고인은 2015. 2. 19. 04:30경 제1항 기재 주차장에서 공무집행방해죄의 현행범인으로 체포되어 서울 강북구 F에 있는 C파출소에 인치되자 위 체포에 대하여 항의하면서 위 D의 얼굴에 침을 뱉고, 발로 위 D의 다리를 1회 걷어찼다.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties concerning the protection of police officers' lives, bodies, and property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police protocol of statement about D, E, and G;

1. Application of the Act and subordinate statutes, Chapter 4 of CCTV photograph (Evidence No. 6, hereinafter referred to as “net 6”), Chapter 2 of the Investigation Report (C police station CCTV), Chapter 2 of CCTV photograph (Sce No. 8)

1. Article 136 (1) of the Criminal Act concerning the crime concerned (the point of obstruction of performance of official duties);

1. Of the crimes of obstruction of the performance of official duties in Article 40, Article 50 D, and Article 1 of the Criminal Code, the crimes are more severe D.

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