(영문) 서울동부지방법원 2019.03.08 2018고단4308

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(영문) 서울동부지방법원 2019.03.08 2018고단4308

공무집행방해

Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

At around 15:40 on November 17, 2018, the Defendant: (a) reported on the front side of the Cridge in Gangdong-gu Seoul, Seoul, on the 112-round 15:15:40, and sent to the site, the Defendant 112-rounded the D Zone E (30) of the Seoul Gangseo Police Station D Zone E (30) called “F while taking a bath,” and had the Defendant informed the Defendant of his personal information, and attempted to break away from the site without complying with his/her request, and sprinked him/her on his/her hand on the ground that he/she failed to comply with his/her request to remove his/her personal information.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement to F and E;

1. Each investigation report (No. 7,9).

1. The Defendant and his defense counsel asserted that “the Defendant and his defense counsel engaged in an act, such as spiting, spiting, spiting, and flabing, etc. to get out of the E, of the upper part of the damaged police officer’s body photographs, CCTV photographs for crime prevention,” and that “the crime of obstruction of performance of official duties is not constituted, since the Defendant was spiting, etc. to get out of E

However, in full view of the circumstances surrounding the dispatch of the police officer E upon receipt of 112 reports, the site conditions at the time, and the situation at the time of the defendant, etc., the act of the police officer E by assaulting F and leaving the site as stated in the facts constituting a crime committed by the police officer in the course of performing his/her duties after receiving 112 reports constitutes lawful execution of duties for the purpose of preventing and preventing the crime by the police officer, and there is no objective evidence to deem E to have performed his/her illegal performance of duties against the defendant during the process of performing the above 112 reports, and there is no other objective evidence to deem E to have performed his/her duties in violation of the

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