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Reasons
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(영문) 대구지방법원 2014.11.20 2014고정427
공무집행방해
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 01:40 to 01:50 on December 9, 2013, the Defendant: (a) expressed that the police officer D and E wanted to arrest the F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F, the Defendant: (b) expressed that the said police officer D “F F F F F F F F F F F F F F F F F F F F F

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and G;

1. Statement of the police statement related H;

1. A letter of arrest of a flagrant offender and a written confirmation against the F;

1. Application of Acts and subordinate statutes concerning video recording and police patrols and video records of convenience stores;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. As to the claim of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant and the defense counsel asserted that there was no fact that the Defendant satisfing the fat, but did not go beyond the fat, and that the Defendant’s arrest of the police officers F and the Defendant did not constitute a crime of obstruction of performance of official duties, since the arrest of the flagrant offender against F and the Defendant did not notify the reasons for arrest

In full view of the statements in the investigation agency and court of the witness D, it is recognized that the defendant committed assault, such as breathing, etc. of D in the process of resisting F to arrest a flagrant offender.

Next, since the crime of obstruction of performance of official duties is a premise of a legitimate performance of official duties by a public official, the following circumstances acknowledged by the evidence duly adopted and investigated by this court as to whether the police officer arrested F F as a flagrant offender in the crime of damage to public goods are legitimate performance of official duties.

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