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(영문) 서울중앙지방법원 2019.09.05 2018고단8236
공무집행방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 1, 2018, at around 00:40, the Defendant heard questions about the course of the case from the police officer of the Dongjak-gu Seoul Police Station B District Zone B police station, who assaulted and dispatched the 112 report, and the police officer of the 112 report, on November 1, 2018, and sought inquiries about the situation from the police officer of the case from the police officer of the Dongjak-gu Seoul Police Station B District B District Police Station, and was pushed down with C’s chest and the police officer.

On the other hand, the Defendant continued to take a cellular phone with a flight of stairs, and committed an assault by cutting the police officer C with his hand, who was under restraint by the police officer, and by cutting the police officer C.

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

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of witness C and D;

1. Statement to E by the police;

1. The defendant and his defense counsel's motion to the effect that the crime of obstruction of the performance of official duties is not established because the defendant had no intention to obstruct the performance of official duties at the time of the instant case or set up against the illegal performance of official duties. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the defendant's motion constitutes the crime of obstruction of the performance of official duties. Accordingly, the defendant and his defense counsel's motion cannot be accepted. Accordingly, the defendant and his defense counsel's motion cannot be accepted.) ① Upon receiving the report from the defendant at the time of the instant case, the defendant and his defense counsel were

② The Defendant, who called to the site, carried the chest of the above police officers on several occasions, called “whether the crime would be committed or not,” and the police officer D said that “continctly interfere with the performance of official duties,” and the Defendant continued to have pushed the chest of the above police officers on several occasions.

(3) The above police officers who followed the defendant's apology to E and dispatched to E.

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