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(영문) 서울서부지방법원 2019.08.23 2019고단938
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 600,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On January 28, 2019, the Defendant: (a) on January 28, 2019, at the building B of Yongsan-gu Seoul and household stores in the first floor; and (b) upon receiving a report from the Defendant to the effect that the Defendant was divingd at the above store, and recommended the Defendant to leave the store and return home, the police box of the Seoul Yongsan Police Station C, which called the Defendant, was asked for the Defendant to leave the store and return home, and used the above D’s hand.

As such, the Defendant interfered with the legitimate execution of duties concerning the maintenance of order and crime prevention, etc. of the above D, a police officer.

2. The Defendant violated the Punishment of Minor Offenses Act from January 28, 2019 to 20:40, the Defendant, while under the influence of alcohol, went through a riotous and disorderly speech and behavior, including “A person who will go to a string to x who will x who will x who will go.” The Defendant, even to string the string of the strings of the strings of the strings of the strings of the strings of the strings of the x who will go to go to the strings of the xasts of the xasts of the xa x who will go to the strings of the xaths of the xasts of the xasts of the xasts of the soldiers.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Results of reproducing CCTV CDs and viewing CCTVs;

1. Control note;

1. Determination on the defendant's photographic defendant and defense counsel's assertion

1. At the time of the summary of the assertion, D’s act does not constitute legitimate execution of duty, and the Defendant has passive resistance in the process of setting up against it, and this does not violate the social norms.

2. The crime of obstruction of performance of official duties under Article 136 of the Criminal Code is established when the execution of official duties is legitimate. Here, legitimate execution of official duties is not only within the abstract authority of the public official, but also within the authority of the public official, and also must meet the requirements and methods as an act of official duties. Whether the performance of official duties is legitimate at the time of the act.

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