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(영문) 의정부지방법원 2020.05.21 2019고단3975
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 15, 2019, the Defendant stated “G” as “G” but appears to be a clerical error in the indictment before the C cafeteria, which is located in the Government-Si B around 19:21, August 15, 2019. As such, the Defendant shall correct

As he was arrested as a flagrant offender in the crime of assault from a slope F, a police officer belonging to the Gu's government police station E-district, who called the defendant after having received 112 report that "the defendant is suffering from any woman," he was able to capture him into a flagrant offender of the crime of assault, he was found to be fluencing the spath of the slopeF, flading the spath of the slopeF, flading and stronging the shoulder of the right shoulder.

Accordingly, the defendant interfered with the 112 report processing by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. Partial entry of each police interrogation protocol against the accused;

1. The police statement concerning F;

1. Each statement prepared D or H;

1. Application of on-site photographs and statutes governing CCTV images;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The act of assaulting the Defendant’s decision constitutes self-defense to oppose the police’s illegal arrest of flagrant offenders, and thus, constitutes the crime of obstruction of performance of official duties.

2. In order to arrest a flagrant offender as a single flagrant offender, the punishment for the act should be imposed, the current sex and time contact of the crime, the necessity of arrest in addition to the apparentness of the crime, i.e., the possibility of escape or destruction of evidence. Whether the requirements for the arrest of a flagrant offender are satisfied should be determined based on the situation at the time of arrest, and the judgment of the investigative body is likely to have a considerable discretion.

Therefore, considering the situation at the time of arrest, the judgment of the investigative body on the requirements is considerably reasonable in light of the empirical rule.

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