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(영문) 의정부지방법원 2014.11.21 2014고단2677

공무집행방해

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 01:55 on June 4, 2014, Defendant A, at the main point of “E” located in Spocheon-si, and was in dispute with F, an employee of the said main point. On the ground that H, who was dispatched upon receipt of a report, used the alcohol value calculation and carried out patrols, Defendant A expressed the above H as “dwarfe,” and expressed that “I f, f, f, f, f, f, f, e., e., f., f., f., f., f., f., f., f., f., f., f., f., and f., f., f., f., f., f., f., of

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

2. The suspect B;

A. The Defendant expressed that, at the time and place specified in Paragraph 1, the Defendant expressed that, at the time and place, A, who was arrested as a suspect of the obstruction of performance of official duties, she would have expressed her testimony to a policeman belonging to the G District of the Yancheon-gu G District of the Yancheon-gu Police Station, she would be deemed to have received her testimony from her witness at that place, and committed assault to B by her hand, such as pressing the above I’s left side shoulder.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

B. The Defendant damaged public documents at the above date, time, and place, and continuously listened to the witness’s statements, and the F, an employee of the said main place, could have taken a copy of the statement, which was written by the said police officer, to teared in his hand.

Accordingly, the defendant damaged documents used by public offices.

Summary of Evidence

1. Defendants’ legal statement

1. Prosecutions and police interrogation protocol for the Defendants

1. Statement of the police officer to I;

1. A written statement of H, J, K, and L;

1. A written statement (a written statement destroyed by a suspect);

1. Application of the photographic Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 136(1) of the Criminal Act; the choice of imprisonment

B. Defendant B: Article 136(1) of the Criminal Act (the point of obstruction of the performance of official duties), Article 141(1) of the Criminal Act (the point of damage to public goods), and the choice of imprisonment, respectively.

1. The former part of Article 37 of the Criminal Code, among concurrent crimes (Defendant B).