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(영문) 수원지방법원 안산지원 2012.12.27 2012고단2152

공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

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. On July 26, 2012, the Defendant: (a) around 00:45, the Defendant: (b) while driving a vehicle on the high-speed-dong 531-5 (the age of 45) that was driven by the victim B (the age of 5) in Ansan-si, Ansan-si; (c) caused the victim to set up the said taxi in front of the Defendant’s vehicle on the ground that the taxi changed the vehicle in front of the vehicle driven by the Defendant; and (d) caused the victim to stop the front of the vehicle with the Defendant’s vehicle; and (d) continued disputes.

At around 01:00 on July 26, 2012, the Defendant assaulted the victim by inserting the hand with the window of the above taxi driver's seat in front of the 537-6-gu, Ansan-si, Ansan-si, 537-6, on the following grounds: (a) during the dispute with the victim for the foregoing reasons; (b) once the head of the victim was taken once by drinking; (c) three times the driver's seat was pushed down by the defective hand that the victim would open and try to get off the driver's seat; and (d) making the driver's left fright down on the left side.

2. On July 26, 2012, the Defendant committed an act of obstruction of performance of official duties, injury, and the Defendant committed an act of assaulting the victim C (33 years old) to a police officer belonging to the Ansan-gu Police Station of the Ansan-gu Police Station, who was called out after having received a report that there was a vehicle suspected of drunk driving at the front of 537-6, Ansan-gu, Ansan-si, 537-6, and discovered out the victim C (33 years old) and attached the victim to D, who was a citizen at the same time, and then transferred the victim to D, who was at the same time, to arrest the Defendant as a flagrant offender due to the suspicion of drunk driving.

Accordingly, the defendant assaulted the victim C, who is a police officer, thereby obstructing the police officer's legitimate performance of duties concerning the arrest of flagrant offenders, and at the same time, injured the victim, such as dump dump, which requires medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Written statements of D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), and Article 257 of the Criminal Act concerning criminal facts.