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(영문) 서울북부지방법원 2018.09.06 2018고단2186
공무집행방해
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

Reasons

Punishment of the crime

On May 19, 2018, at around 23:08, the Defendant, while drinking alcohol before the “D convenience store” located in Seongbuk-gu Seoul, 2018. On May 19, 2018, the Defendant expressed a defect in order for F to issue a disposal slip to be notified as a violation of the Punishment of Minor Offenses on the ground of a disturbance of drinking by F on the grounds that convenience store emergency level 112 reported and called the “F,” and stated that “the bit of bit of bitch, Chewing, cut off, and so on” to “the bit of bit of bitch, cut off,” and laid the F’s left arms.

Accordingly, the defendant interfered with legitimate execution of duties in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and F;

1. The Defendant and his defense counsel asserted to the effect that the duty of a police officer, who issued a penalty, is legitimate after hearing the reporter’s oral statement of 112 reported case processing, crime scene, and CCTV image photographs (the Defendant and his defense counsel, despite the fact that the Defendant intended to issue a penalty, they do not do so to the police officer who expressed a desire to do so, but do not do so.

However, according to the evidence duly adopted and examined by this court, in particular, the facts that the defendant used a police officer F to assault the police officer, such as written in the facts charged, can be acknowledged according to G's statement to the purport that the police officer F was an assaulted by the defendant at this court, and at the convenience store, the police officer's statement in this court and 112 reported the defendant's behavior, and the defendant was present at the defendant's witness to assault the police officer.

In addition, in light of the defendant's behavior within the convenience store, the police officer's restraint, etc., which can be seen by the evidence submitted, G's report and later G's statement.

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