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(영문) 의정부지방법원 고양지원 2015.12.11 2015고단1981
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 10:20 on April 16, 2015, the Defendant: (a) obstructed the police officer’s legitimate performance of duties concerning traffic control by cutting down the balth of the police officer, by cutting down the balth of the instant police officer’s balp, which was located in Yongsan-gu, Yongsan-gu; and (b) obstructed the police officer’s lawful performance of duties in relation to traffic control.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of F, G and H;

1. A written notification and recording record of penalty payment;

1. The Defendant and the defense counsel asserted that the Defendant did not assault the police officer first, and that the police officer resisted the Defendant’s body by unfairly suppressing, such as plucking, plucking, etc. of the Defendant’s arms, and that the Defendant and the defense counsel resisted against the investigation report (sports center Ctv, E District Ctv, and sound files).

However, in full view of the following facts and circumstances admitted by the above evidence, the facts charged in this case are recognized, and thus, the defendant's assertion is not accepted.

① The police officer, who arrested the Defendant as a flagrant offender, requested a resident registration number to detect the Defendant without permission crossing and issue a penalty payment notification. However, the Defendant accompanied the Defendant to the toilet because he wanted to do so. While the Defendant issued a penalty payment notification and explained the method of payment, the police officer stated that the Defendant was arrested as a flagrant offender by plucking, plucking and pusheding the Defendant’s arms by cutting down and pushing the Defendant’s body while breathing the method of payment.

2.F entered a toilet and recorded the situation at the time, and the contents of the recording correspond to the above statement and substitution. The statement by police officers G who observed the situation at the time, also corresponds to F’s above statement and substitution.

(3) The Defendant was unaware of the police officer’s failure to drive away before coming to toilets from the investigative agency, and paid a penalty.

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