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(영문) 청주지방법원 2018.06.27 2017고단1453
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 27, 2012, the Defendant was sentenced to imprisonment for two years and six months at the Cheongju District Court on September 27, 2012, and completed the execution of the sentence at the Cheongju District Court on June 8, 2015.

On April 5, 2017, at around 09:40, the Defendant sent to the site after receiving a report of 112 prior to D located in Cheongju-gu, Cheongju-si, Cheongju-si, and received a demand from F to return home on a road under the influence of an accident if he was under the influence of alcohol from Police Officer belonging to E District of Police Station E District of the Police Station corresponding to the Cheongju-si, the Defendant: “I am under the influence of an accident;” “I am under the influence of Ear Aar, I am under the influence of an accident; and F move F to the H store located in the same Gu G located in approximately 30 meters away from the above place at around 09:57 on the same day; “I am under the influence of F”;

In doing so, this dog son’s bath was used to display a drinking and assault F’s right shoulder one time with left hand.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reports and the maintenance of order by police officers.

[The Defendant alleged that he did not perform his official duties as stated in the facts charged, but according to the witness F and I’s respective legal statements, CCTV images at the time of the instant case, etc., the Defendant assaulted F according to F. Thus, the Defendant’s above assertion is without merit (the Defendant, who was a police officer to return home, was drinking at another main point after the police officer was called to go home, and was charged by the police officer even though he did not interfere with the performance of official duties.

However, there is no circumstance or material to acknowledge it, and at the time the defendant was found to have discovered the facts in the state of full exploitation)

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on investigation (on-site search and investigation of witnesses;

1. CCTV images;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, current status of personal confinement, and application of each written judgment;

1. Article 136(1) of the Criminal Act applicable to the crime and Article 136(1) of the choice of punishment.

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