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(영문) 서울남부지방법원 2015.11.19 2015고단4166
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 23:25 on August 15, 2015, the Defendant pointed out the Defendant as the perpetrator by assaulting the police officers belonging to the Seoul Gangseo-gu Seoul Metropolitan Government Police Station D District District Unit, who reported the 112 report that he/she was assaulted on the front side of the “Cmat” located in Gangseo-gu Seoul Metropolitan Government B apartment, the Defendant attempted to question the Defendant about the developments of assault, and to threaten the Defendant, “I want to die. I want to die? I want to die? I want to die? I go back to the above E,” and “I want to go back to the front day of the “Cmat,” and “I want to see, I want to see, e.g., g., g., g., g., g., g., g., g., g., g., to g., to g., to g., to g., to g., to g., to g.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the defendant;

1. The Defendant asserts that his act in this case constitutes a legitimate act that occurred in the course of resistance against himself, who did not assault the 112 reporter, and according to the evidence duly adopted and investigated by this court, the Defendant asserts that his act in this case constitutes a lawful act that occurred in the course of resistance against him. According to the evidence duly adopted and examined by this court, the Defendant’s question about whether the police officer E, who was the police officer called to the scene upon receiving the report of this case, has committed an assault against the Defendant according to the assertion of the 112 reporter while E, who was called to the scene upon receiving the report of this case, was in the uniform of the police officer, and the Defendant immediately tried to take the police officer as stated in the facts of the crime that he was deemed to be the suspect of the assault.

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