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(영문) 광주지방법원 순천지원 2018.07.12 2018고단173
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On December 29, 2017, the Defendant, while drinking alcohol at D cafeteria located in 20:45 on 20:45 on 2017, he continued to drink without having many customers drink.

“Around 112 report and call out to the scene, “A person who is required to present an identification card from a slope F (34) affiliated with the net police box of the 1,00 Police Station Epis, who was called to the site, expressed that the F would be “this dog, Chewing,” and when the F’s left hand at one time.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on 112 handling reports.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. The CD images attached to the investigation report (to attach a copy of theCCTV editing);

1. Determination of the defense counsel's assertion of the investigation report (verification of the records of the same crime)

1. The legality of the performance of official duties: The police officer’s identification card is acknowledged to have not presented his/her identification card to the defendant, such as a police officer, according to the records related to the presentation of a police officer’s identification card, but the F’s demand to present his/her identification card to the defendant was sufficiently known that the F is a police officer and the reason for inspection is for handling the reporter’s report, even if considering the following facts and circumstances acknowledged by each evidence revealed earlier:

Since it is reasonable to see that the F’s performance of duties is unlawful merely without presenting his/her identification card (see, e.g., Supreme Court Decision 2014Do7976, Dec. 11, 2014). This part of the defense counsel’s assertion is without merit.

① The Defendant, among some customers in the D cafeteria, had a certain time-off between some customers, and thereby there was a 112 report.

② Police officers, such as F, etc. received the above 112 report and called to the site to deal with the reported case, and F was on the site after getting a police vehicle and getting a uniform.

(3) The 112 reporter shall be on-site when he/she is identified as the defendant.

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