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(영문) 대구지방법원 상주지원 2015.05.26 2015고단112

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 03:00 on January 13, 2015, the Defendant obstructed the victim’s employees’ work by force for about 10 minutes, including 10 minutes, on the ground that the victim D, who was an employee, was locked at “C” located under B of Gwangjin-gu Seoul Special Metropolitan City, Seoul, and that he was frighted, thereby obstructing the victim’s work.

2. The Defendant: (a) expressed to the police officer F of the E District Police Team and the police officer G of the E District Team, who was called upon 112 report at the time and place of the performance of official duties; (b) expressed that “this chexe, Haak, this police officer’s son, and if knife is not considered, bits bits bits bits bits bits bits bits.”; (c) exercised violence against the police officer, such as blocking the patrol vehicle, which the police officer tried to start after the removal, and drinking the front glass.

As a result, the defendant interfered with the legitimate execution of duties concerning the dispatch of police officers' 112 report and guest guidance.

Summary of Evidence

1. Part of the defendant's statement in the court (only giving separate and distinct marks on the front glass, there is no kind of food, and the remaining facts are recognized);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each written statement F and G (a statement that the defendant had undergone patrols free will);

1. Article 314 (1) of the Criminal Act (the point of obstruction of performance of official duties by force) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [Scope of Recommendation] There is no basic area (6 months to one year and four months) (special person) (the decision of sentence] [the decision of sentence] Defendant is sentenced to a fine due to the insult of police officers.