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(영문) 서울중앙지방법원 2019.05.15 2018고단8762
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person subject to the Korea-U.S. Administrative Agreement to the U.S. Armed Forces affiliated with Pyeongtaek-gu Campppp.

around 06:40 on August 19, 2018, the Defendant was under the influence of alcohol on the front side of “c clubs” located in Mapo-gu Seoul and “C clubs” in Mapo-gu Seoul.

During that period, the Defendant reported 112 that the Defendant was “Iskeep,” and the police officers E and F, belonging to the Seoul Mapo Police Station D District patrol 4 Team of the Seoul Mapo Police Station, assaulted the Defendant at once by drinking, without any justifiable reason, on the part of the Defendant. In addition, the Defendant assaulted the Defendant at once by drinking at the left side of the E of the multi-party E, without any reason.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports and patrols by the police officers.

Summary of Evidence

1. Each legal statement of witness E and G;

1. Each police statement to G and E;

1. Investigation report (verification of CCTV images for crime prevention);

1. The defendant and the defense counsel of the 112 Incident reported by the department, the defendant and the defense counsel, under the influence of alcohol at the time, asserted that the defendant had done self-defense or legitimate act by setting up against unlawful performance of duties without recognizing that he was a police officer under the condition of mental or physical disability

The following circumstances acknowledged by the aforementioned evidence, namely, police officers E and G, upon receiving a report that a foreigner under the influence of alcohol was written at the time, sent to each site four times and confirmed the status of the defendant, and the defendant expressed his/her intent to impose a charge to question whether he/she first needs to assist the defendant. The above police officers, when the defendant went to the site, showed that he/she was under the influence of alcohol and was able to injure the defendant's shoulder part, etc., to have the defendant returned to the site, and the defendant was saluted. Accordingly, when he/she goes back to the site, he/she was frighted, when he/she was frighted with G, and when he/she was frighted with E and snow that had been taken under the influence of drinking, and the above police officers wear both external and police gear under the influence of uniform and wear the defendant.

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