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(영문) 서울중앙지방법원 2015.02.10 2014고단6270
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 5, 2014, at around 19:40, the Defendant took a 112-round 19:40, the Defendant: (a) expressed that E’s situation belonging to the Seoul Western Police Station D District was a defect in order to find out the details of the report by the Party E, who was called out after receiving a report, and committed assault by both hands, such as “sprink and sprinke”, “E’s chest and bridge several times by hand; (b) the Defendant was able to spick, sprinked with a sprink; and (c) the sprink F sent together with the sprink F was tight.

As a result, the defendant interfered with the legitimate execution of duties of police officers in regard to 112 reports.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F (the witness E and F consistently make statements consistent with the facts constituting a crime in major contents, and partial changes in contents are merely natural phenomena following the passage of time. No special reason exists for the above witness E and F to make a false statement;

1. The defendant and the defense counsel's assertion of the police's testimony and attached photo of the defendant and defense counsel against E/F, despite being aware of the fact that the police officer of this case arrested the defendant in flagrant offender with knowledge that the police officer of this case reported false information ("the defendant had taken the defendant's care of him/her), and the defendant did not assault or take a desire to do so as stated in the facts charged, and there is no passive resistance against the police officer's unlawful performance of official duties as above.

According to the evidence, the defendant's wife made a false report, and police officers dispatched to this situation exercised assault on the above police officers in the course of voluntary commission of the defendant, and police officers arrested the defendant as a flagrant offender for the purpose of obstruction of performance of official duties.

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