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Reasons
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(영문) 서울동부지방법원 2013.08.08 2013고정1103
공무집행방해
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Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On February 14, 2013, at around 01:05, the Defendant: (a) received a 112 report from the subway station platform in Gangdong-gu Seoul Metropolitan Government on a subway station platform that does not under the influence of alcohol even though he finished the subway business; (b) and (c) requested the Defendant to move out of the historical subway station, the Defendant sent the train station C District of Gangseo-gu Police Station, which was called up to the Defendant, and the slope E demanded several times to move out of the historical subway station, and then the police officer sent off the opening of the opening to the Defendant, and (d) carried out assault, such as sending the bridge of the above D’s bridge twice.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention and suppression of crimes and 112 reported work handling.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and D;

1. Images of CDs;

1. Application of Acts and subordinate statutes to each investigation report and report on the use of police gear;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Optional fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The defendant et al. asserts that the crime of this case constitutes self-defense in the course of resistance against illegal arrest of the police and use of police gear. The defendant et al. asserts that the crime of this case constitutes self-defense.

According to the above evidence, the defendant's obstruction of performance of official duties is prior to the defendant's arrest of the defendant in the act of committing an act of committing an act of committing an offense, and accordingly the police are recognized to use the police gear for the suppression of the defendant's resistance, so the above assertion by the defendant, etc. is not accepted.

It is so decided as per Disposition for the above reasons.

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