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(영문) 수원지방법원 안산지원 2018.01.17 2017고단2574
공무집행방해
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:20 on May 14, 2017, the Defendant: (a) her mother placed in C Apartment 307 dong 404, Sisidong 307 and 404, and (b) her mother was informed of the foregoing D’s 112; (c) her mother was informed of the police officer’s security guards belonging to the E District Unit in the Singu Police Station E District, Sinung-si, who was going to the site after receiving the said D’s 112 report; (d) her hand carried the F’s body, her hand pushed the F’s body with her hand, sealed the said F’s body with her arms and pushed the said F’s body into the dwelling wave; and (d) her mother divided the F’s body by force going to the body of the said F.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Legal statement of F;

1. An investigation report (a mobile phone image investigation taken by a police officer on the spot) and CD (the evidence adopted and investigated by this court and the following circumstances recognized by the relevant Acts and subordinate statutes; i.e., according to Article 9-4 of the Act on the Prevention of Domestic Violence and the Protection, etc. of Victims, a judicial police officer who was dispatched to the scene of a crime of domestic violence after receiving a report on the crime of domestic violence may enter the reported scene to protect victims and investigate or ask questions to relevant persons (Article 9-2). In such case, necessary measures, such as conducting an investigation at a place separated from the victim of domestic violence so that the victim, etc. can make free statements (Article 6). Article 5-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence, etc., shall notify that he/she may apply for ad hoc measures for violence again due to emergency measures for the crime of domestic violence. (2) Accordingly, F and a police officer shall listen to D separately from the defendant, and issued a written confirmation of victim's right to notify D to D.

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