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A defendant shall be punished by imprisonment with prison labor for four months.
except that the execution of a sentence shall be deferred for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 4, 2017, 02:2:25 around 02:25, the Defendant: (a) prevented the Defendant from presenting his identification card to identify his personal information from the police box affiliated with the Seocheonan Police Station D, the Defendant sent out after receiving a report of 112 as an act of disturbance by the Defendant and his/her behaviors; and (b) prevents the Defendant from presenting his/her identification card to E; and (c) prevents the Defendant from presenting his/her identification card to E;
신분증 없다, 없어" 라 말하며 주먹을 쥔 채 때릴 듯이 E에게 다가가 협박하였다.
Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement and statement protocol (E) of witness E;
1. Arrest report of the occurrence of the case and investigation report (the reported details at the time of reporting) [the defendant and his defense counsel asserts as follows:
(1) If E requests a defendant who has no particular criminal suspicion to present his/her identification card without presenting his/her police officer identification card, it is not a legitimate official duty.
(2) The defendant's act does not constitute intimidation, since they are not the acts that make viewers feel fear.
On August 4, 2017, police officers E sent back to the place where facts constituting a crime are stated, upon receiving a report that “the foreigner has a disturbance because the foreigner has a drinking and singing.”
At that place, E requested a person, such as the defendant, to present an identification card, but the person, such as the defendant, did not perform such a request, and E made a prompt request to the person, such as the defendant, and returned to the police station.
However, on August 4, 2017, 02:2:23, after receiving a report that an act of disturbance is carried out again at a place indicated in the facts constituting a crime, E was dispatched to the place indicated in the second facts constituting a crime.
In that place, E demanded to present an identification card to a person, such as the defendant, but the defendant responded to the criminal facts (E) as stated in the witness E’s legal statement and statement, and arrest report of the occurrence of the case.