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(영문) 부산지방법원 서부지원 2017.12.11 2017고단1374
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

On September 27, 2017, 01:25, the Defendant: (a) notified the police officer D belonging to the Busan National Police Station that “I am satise without paying the drinking value” at C’s main points located in Busan National University B, upon receiving a report from 112 and without paying the drinking value; and (b) C am satis (“I am satise”.

The charges of this case are additionally stated in this part of the facts charged by "A sound, putting D a drinking with D's arms, and putting D's arms, followed by the following parts: "A brushes assault for about about 20 minutes, such as a stroke, etc."

그러나 피고인은 수사기관 및 이 법정에서 ‘ 당시 술에 많이 취하여 어떤 행동을 하였는지 정확히 기억나지 않는다’ 라는 취지로 진술하였고, 피고인으로부터 폭행을 당한 D이나 당시 범행을 목격한 E은 경찰에서 ‘ 피고인이 D에게 주먹을 휘두르고 팔을 비틀었고, 현장에 있던 피고인의 일행인 E을 발로 찼다’ 고 진술하였을 뿐, 피고인이 D을 발로 찼다고

(2) No statement shall be made.

In addition, the contents of D police statements purport that “the police officers dispatched at the time demanded the Defendant to calculate the drinking value for about 20 minutes, and the Defendant refused to do so.” It does not mean that the Defendant continued to assault himself for about 20 minutes.

Therefore, there is insufficient room for reasonable deliberation to recognize the fact that the defendant's above statements made by the defendant, D, and E alone, as stated in the facts charged, committed violence between D and 20 minutes, as stated in the facts charged, and there is no other evidence to acknowledge it.

Therefore, only the remainder of the charges except for the part that the defendant assaulted for about 20 minutes, such as the booming of D, is recognized as criminal facts.

12 Violenceed police officers to perform their duties concerning the handling of reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or E;

1. Flag for police officers.

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