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(영문) 서울북부지방법원 2015.10.27 2015고단2781
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On August 4, 2015, the Defendant, who did not comply with the withdrawal, was able to drink with C, who was the full wife of the victim B, at night, at night, at the age club of the victim B, and 23:00 on the same day, entered the victim’s house in Seoul Jung-gu, Seoul.

At around 01:00 on August 5, 2015, the Defendant received a request from the victim who found the Defendant after returning home at the victim’s home, to the effect that he/she “in-house house” may be punished for non-compliance with the request from the police officers who reported the victim at around 02:20 on the same day, but was informed that he/she may be punished for non-compliance with the request for expulsion for three times from the police officers dispatched at the victim’s home at around 01:25 on the same day without justifiable grounds, the Defendant shall leave the victim from the victim’s house

The Gu refused to comply with the Gu.

2. 공무집행방해 피고인은 2015. 8. 5. 03:25경 위 장소에서, 위와 같이 B의 112신고를 받고 그곳에 출동한 서울중랑경찰서 E지구대 소속 경찰들로부터 퇴거불응죄로 처벌받을 수 있음을 안내받았음에도 퇴거를 거부하고, 위 경찰들로부터 신분확인 요청을 받았음에도 이를 거부하여 퇴거불응 혐의로 현행범 체포되어 순찰차 뒷좌석에 타게 되자, 자신의 옆 자리에 동승하려는 위 E지구대 소속 경장 F에게 ‘개새끼야 꺼져’라고 하면서 발로 그의 눈 부분을 4여회 찼다.

As a result, the defendant interfered with the legitimate execution of duties by police officers concerning the 112 criminal reporting processing duty.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement concerning F;

1. A written statement in B and G;

1. Scenes, documentary evidence, photograph of the suspect;

1. Determination as to the defendant's assertion of investigation report (the statement of the victim and witness / the statement of witness C before the victim B)

1. The defendant asserts that the defendant does not constitute a refusal to leave because he does not go to the victim C, which is the front wife of the victim B, because he does not go to the victim C.

2. The legal interest to be protected in the crime of intrusion upon residence shall be each of the residents at the residence concerned;

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