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(영문) 청주지방법원 2018.12.20 2017고단1943
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 00:40 on August 10, 2017, was under the influence of alcohol on the road, while the Defendant was in a disturbance on the road, the Defendant, who was dispatched to the site upon receiving a report from 112, would be able to take the slope E belonging to the Kudung Police Station D, which was dispatched to the site, into the house of the Defendant and the Defendant.

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Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases by assault or intimidation.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Two copies of the photograph;

1. One CD in the original CCTV image;

1. A statement of 112 reported case processing;

1. The application of Acts and subordinate statutes to prepare and report recording records;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. Summary of the assertion

A. Although the Defendant took a bath to the victim as stated in the facts charged, the Defendant did not attach the victim’s outer booms and work clothes, and did not shake the victim’s appearance and work clothes.

B. Even if the Defendant’s liability is recognized, the Defendant was in a state of mental and physical weakness by drinking at the time of the instant case.

2. Determination

A. The judgment of the first argument is based on the evidence duly adopted and investigated by the court, i.e., the following circumstances: ① the victim testified that the victim suffered damage as stated in the facts charged in this court; the victim's testimony is consistent and consistent with the main part of the statement made in the investigative agency; the credibility of the statement, such as its consistency and inconsistency in light of the context before and after the statement; ② the witness F and G, witness, as witness in this court, and part of the victim's testimony.

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