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(영문) 서울서부지방법원 2018.10.04 2017고단1563
공무집행방해
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On May 10, 2017, the summary of the facts charged is as follows: (a) the Defendant: (b) requested the police officers and proxy engineers dispatched after receiving a report from the Eunpyeong-gu Seoul apartment parking lot; and (c) to delete screen pictures from the victim D (60) who is the circumstances leading to the Seoul Western Police Station C District; and (d) requested the Defendant to remove screen pictures from the Defendant’s cell phone; (b) on May 10, 2017.

“In doing so, the body of the victim was pushed down and pushed down to the floor.”

Accordingly, the defendant interfered with the legitimate execution of official duties by police officers on 112 mobilization tasks.

2. Determination

A. The assault in a crime of obstructing the performance of official duties is an act of exercising illegal tangible power against a public official, and is either directly or indirectly or not prohibited, but the assault is about a public official who performs his/her duties in light of its nature and should be likely to interfere with the public official’s performance of duties. Therefore, if it is minor and thus, it does not constitute assault or intimidation against a public official.

In addition, whether or not a public official is not open should not be determined as a subjective appraisal by a public official, and it should be objectively determined in light of the degree of assault, the situation at the time of assault, etc. (see Supreme Court Decision 2006Do9020, Mar. 16, 2007, etc.). (b) The following circumstances are acknowledged according to the evidence duly adopted and investigated by this court.

On May 10, 2017, at around 01:00, the Defendant taken a cell phone of the Defendant, after receiving a report from the Eunpyeong-gu Seoul apartment parking lot to the effect that the proxy engineer E and the proxy engineer are involved, and taken the police officer and the proxy engineer on behalf of the Defendant.

D, an Inspector belonging to the Seoul Western Police Station C District, demanded the Defendant to delete video images, but the Defendant did not comply with such demand.

D confirmed the contents of the defendant's cell phone from the defendant.

A defendant has reported a mobile phone screen.

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