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(영문) 대전지방법원 2014.10.29 2014고단2346

공무집행방해등

Text

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

Reasons

Punishment of the crime

On November 22, 2012, the Defendant was sentenced to a suspended sentence of two years for one year of imprisonment due to indecent act by force, bodily injury, and obstruction of performance of official duties by the Daejeon District Court on November 22, 201, and the judgment became final and conclusive on November 30, 2012, and is currently under probation

1. On June 29, 2014, at around 12:00, the Defendant: (a) sent an order to the victim D in Seo-gu Daejeon, Seo-gu, Daejeon; (b) and (c) sent a police officer F, G, who was under the influence of alcohol and received a report of 112 while being used on the floor; and (d) expressed the Defendant’s shoulder, “hing, smoking, stringing down,” and, without any justifiable reason, took one of the members of the victim’s market value, who were in his/her possession, and caused the department to destroy it.

2. The Defendant, at the same time and at the same place as mentioned in the preceding paragraph, expressed that F, a police officer belonging to the Daejeon Police Station H District, Daejeon Police Station H District G, who was called upon 112 reported as above, caused the Defendant, and, under the influence of alcohol, expressed that “I ambling and saw off,” without any justifiable reason, he saw him as a police officer belonging to the Daejeon Police Station, “I ambling off,” and ambling him on three occasions by gathering one chair at the same place and stopping him.

Accordingly, the above police officers spite the Defendant at one time on the 112 patrols, taking the bath of the defect “I ambling off due to the 112 patrols by arresting the Defendant as a flagrant offender under the suspicion of obstruction of performance of official duties.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting processing and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to I and F;

1. Written Statement;

1. A report on investigation;

1. On-site photographs, and on-site photographs of a suspect, in the case of the strings, and the strings thereof;

1. A written agreement;

1. Application of Acts and subordinate statutes to criminal records, etc. and investigation reports (report attached to a judgment);

1. Article 366 of the Criminal Act concerning the crime is applicable to the damage of property.

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