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(영문) 서울동부지방법원 2018.08.24 2018고단1804
공무집행방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Criminal facts

피고인은 2018. 4. 3. 14:30 경 서울 광진구 C 빌딩 앞길에서, ‘ 어떤 여성이 자살을 시도할 것 같다’ 는 자살 예방 센터 상담 사의 112 신고를 받고 출동한 서울 광진 경찰서 D 지구대 소속 경장 E, 순경 F이 피고인을 발견하고 다가가자 “ 씨 발 내가 뭘 잘못했어,

On the day the match was prepared, "I mama," and "Gman," who belongs to the same district unit in which I arrive, attempted to talk, and I tried to leave the site while I am son, I am son, I am son, and I am.

In order to prevent the above slope H from having to contact the defendant's family by using a mobile phone, the defendant she reached the above H in order to restrain the above slope H from putting the defendant's two arms, and the above patrolman prevented him from putting the defendant's two arms, and he saw her "Choh" as "Choh", and assaulted the above G at one time on the hand by her hand.

Accordingly, the defendant interfered with the police officer's legitimate execution of duties on the protection of the lives of the people.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. A criminal investigation report (Evidence Nos. 2), a criminal investigation report (related to the analysis ofCCTV image data), and a criminal investigation report (the details of 112 reported processing);

1. Application of Acts and subordinate statutes to CCTV output data and replys requesting the dispatch of a report processing table (Evidence No. 15, 16)

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant used the police officer’s assault while resisting the police officer’s illegal performance of official duties, as stated in the facts constituting a crime, and thus does not constitute a crime of obstructing the performance of official duties.

2. Determination

A. The following facts are acknowledged according to the evidence duly adopted and examined by the court.

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