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(영문) 대구지방법원 2016.06.24 2016고단1743

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2016, the Defendant: (a) caused disturbance on the grounds that he was parked in the subway station located in the subway station of the 2310 Daegu Bank on March 31, 2016, on the ground that he was forced to avoid disturbance in the subway station of the 2255 train, the Defendant was unable to avoid disturbance, such as pressing C, the crew of the said train, who was demanded to discharge from the train.

At around 20:50 on March 31, 2016, the Defendant: (a) sent a desire to be arrested as a flagrant offender suspected of committing a fighting, and to be asked questions about his personal information, by means of the slope E belonging to the Daegu Suwon-gu Police Station D District Unit of the Police Station, which the Defendant called “AF offender suspected of committing a fighting; (b) assaulted the instant E’s left top class on several occasions.”

Accordingly, the defendant interfered with the police officer's criminal investigation and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant on the second public trial date;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of each police statement with respect to E and C;

1. A copy of the working day (at the night), each entry of the department related to the reported case, notification of the department related to the case, investigation report, and F telephone call of a witness;

1. Application of video-related Acts and subordinate statutes to damaged photographs impeding the performance of public duties;

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. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the Suspension of Execution (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 2007) (see, e.g., Supreme Court Decision 2008Da1548, Apr. 2, 2008) (see, 201; 208Da1448, Feb. 23, 2008)) (see, 2008Da1138, Feb. 29, 200)) (see, 2008Da11334, Feb. 23, 2008)) (see,