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(영문) 서울서부지방법원 2018.09.11 2018고단398
공무집행방해
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

Ⅰ Around December 2, 2017, around 06:55, the Defendant, at the Seoul Mapo-gu Police Station C District District of Mapo-gu Seoul Police Station, voluntarily accompanied D with the charge of assaulting and assaulting D, and received a demand for presentation of identification card from E during the circumstances in which the said district group belongs, and used the said E’s chest part twice by hand, and was knifeed by knife the part of the said E with his arms.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and criminal investigations by police officers.

Ⅱ. The argument and judgment

1. The gist of the assertion is that the Defendant acted outside the illegal body to escape from the illegal body, but there is no assault against the police officer, such as the statement in the facts charged.

The defendant had exercised such tangible power.

Even though it is limited to the police officers who want to arrest the defendant as a current criminal without notifying the principle of non-speak, it does not assault the police officers who perform their official duties lawfully. Thus, it does not constitute a crime of interference with the execution of official duties.

2. Determination

A. First, we examine whether the Defendant assaulted police officers as stated in the facts charged.

This Court has duly adopted and investigated the following circumstances, i.e., assaulted by the Defendant:

The police officer E asserted that he was sent to the site after receiving a report from a taxi engineer that the guest who had taken around December 2, 2017 did not speak at the destination.

At that time, the Defendant did not present an identification card and did not present an identification card.

No answer was made even if any.

During that period, the taxi article talks that the defendant was the defendant.

Therefore, the defendant was led to the C District.

C Even after driving with the earth, it is possible to produce identification cards and smoke tobacco.

was made.

Afterwards, we cannot promptly identify the booms of taxi in the global belt.

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