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(영문) 의정부지방법원 2015.07.17 2015고단382
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 22:10 on December 30, 2014, the Defendant: (a) sent a 112-ro 15 national bank in front of the Sincheon-si, Macheon-si; (b) expressed that the police officer D, etc. belonging to the C District, who was called out after having received 112 reports, intends to shoulder himself and invalid him; (c) wished to take on the patrol-house, “spacks whether he will go to the vehicle”; and (d) “I am to go to the vehicle”, “I am I am I am I am I am I am I am I am I am I am.” (c) assaulted the police officer’s right-hand kne, I am I am I am I am, and obstructed the police officer’s lawful mobilization of the police officer’s duty by assaulting D twice the back of D's head to drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. The Defendant in each legal statement of the witness E and witness D and his defense counsel claimed that the police officer tried to proceed the Defendant to the police station even though the Defendant, who is the guardian, was the Defendant, as the police officer was at the place of his duty. As such, the police officer’s performance of official duties was not legitimate and all the above facts constituting the crime.

While the witness E and witness D, who testified and testified in this court, made a concrete and consistent statement about the defendant's behavior under the influence of alcohol from the investigative agency to this court, in the case of the defendant's witness F, it is highly doubtful that the credibility of the statement is considerably doubtful because the defendant made a statement as if he had a unilateral forced force from the police officer without making a statement about the behavior or words that the defendant had committed or exchanged with the victimized police officer.

Considering this point, witness E and witness D’s statement is reliable, and on the basis of this, if the review of this case is conducted, the defendant took a bath while drinking to police officers who had been able to rescue himself, and the police officers demanded F to take over the defendant against the defendant. However, F would rather demand police officers to gather the defendant.

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