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(영문) 창원지방법원 2016.07.08 2016고단821
공무집행방해
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On April 3, 2016, at around 07:35, the Defendant received a report from the host in front of the E convenience store located in Kimhae-si, Kimhae-si, with the content that he was the host in front of the public telephone gambling site in front of the 112, and called out, the Defendant asked the Defendant to report the details of the report to the police officers, such as G, by asking the Defendant.

와 씨 발 놈아 너 거들이 1년 전에 나를 체포하여 내가 징역 1년 살고 얼마 전에 나왔는데 너 거들을 가지고 놀아야 겠다. 내가 어떻게 하는지 봐라 ”라고 욕설을 하고, 일행인 H을 때리는 것을 G에게 제지 당하자 주먹으로 G의 배 부위를 2회 때리고, 발로 G의 왼쪽 정강이 부위를 1회 걷어찼다.

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

2. The Defendant, at around 08:10 on the same day as paragraph 1, arrested a flagrant offender on the grounds of Paragraph 1 at the emergency room of the J Hospital located in Kimhae-si, Kimhae-si, and complained of a brush certificate, and sent by K during the course of treatment after being transmitted by the police officer belonging to the F District of the F District Police Station in the Kimhae-si, and led to the Defendant’s hand to keep the nurse H’s hand, restrain K from doing this, and put his head on the Defendant’s hand.

The facts of the crime are corrected as above by reflecting the results of the court’s verification on CDs (videos against CCTVs taken at the time of the occurrence of the case) attached to the investigation report No. 7 of the evidence list.

Considering that violence in obstruction of the performance of official duties includes not only the exercise of direct tangible power against public officials, but also the exercise of indirect tangible power (see Supreme Court Decision 98Do662 delivered on May 12, 1998, etc.), the defendant's assertion of innocence cannot be accepted.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives and bodies of the police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G or K;

1. Photographs (a damaged police officer;

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