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(영문) 청주지방법원 2016.11.29 2016고단1309

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Around 00:05 on June 19, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) committed assault against the victim by his/her hand when he/she was asked questions about his/her destination from the victim while he/she was under the 2 cycle of B (the age of 59) in a state that he/she was under the influence of alcohol and lacks the ability to discern things or make decisions.

2. Performance of official duties;

A. On June 19, 2016, at around 00:25, the Defendant: (a) under the influence of alcohol, provided that he was requested to present an identification card from a policeman belonging to the F Zone of the Cheongju-gu Police Station of the Cheongju-gu Police Station who was dispatched after receiving a 112 report that “Neging will and will not pay a charge” on the roads adjacent to the Esan Book located in Cheongju-gu, Seowon-gu, Seowon-gu, who had the ability to discern things or make decisions; (b) on his hand, the Defendant took a bath to “Neging his identification card?” and assaulted him by putting the view of the said G, and putting him fright worn by the said G.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to 112 Report.

B. On June 19, 2016, the Defendant, while under the influence of alcohol at around 02:25, assaulted the Defendant from walking the left side of the said G to walk a bridge when he was arrested in the act of crime under the preceding paragraph and was arrested in the act of committing the crime under the preceding paragraph, and attempted to go to go to a district in order to transfer to the criminal department of the Cheongju-gu Police Station.

Accordingly, the defendant interfered with legitimate execution of duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement concerning G and B;

1. 112 reported case handling table;

1. Application of investigation reports (booms and video attachment) and CD-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties) for the relevant criminal facts.