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(영문) 청주지방법원 제천지원 2017.01.12 2016고단364
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 11, 2016, the Defendant: (a) committed assault on “Esing practice hall” located in Chocheon-si D on April 21, 2016; (b) on the ground that, under the influence of alcohol, it is bad to request confirmation of personal information from G from the border seat affiliated with the FJ of the Gyeongcheon Police Station, the Defendant: (c) obstructed a police officer’s lawful performance of duties on the control of the police officer’s customs business guidance, etc., on the ground that he was in a bad condition; (d) sealed the chest part of the said G by hand; (e) sealed the parts of his elbow; and (e) sealed his her bluth with his blus; and (e) sealed his blus.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, G, I, J, and K;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police statement made to I, H, G, K, L, and J;

1. A report on investigation (Attachment of photographs) and a report on investigation (on-site inspection);

1. Application of Acts and subordinate statutes to photograph victims, photographs of the victim, and photographs of the scene;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the circumstances favorable to the reasons for sentencing as set forth below)

1. The summary of the assertion was that the Defendant did not commit an assault, such as pressing the part of the police officer G with his blue with his blue with his blue with his blue and blue with his blue with his hand

However, while G requested voluntary accompanying, and the defendant's defect in trying to lead the defendant to a police station was rejected, and the chest part was pushed down by hand, it constitutes a legitimate defense against unfair performance of official duties.

2. Comprehensively taking account of the following circumstances revealed by the evidence revealed earlier, G requested the Defendant to inform the Defendant of his/her resident registration number to verify his/her identity, and did not intend to drive the Defendant to a police station. As above, G intended to verify his/her personal information.

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