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(영문) 의정부지방법원 2015.08.18 2015고단8

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 20:30 on November 22, 2014, the Defendant: (a) obstructed the operation of the patrol vehicle by preventing the Defendant from carrying the Defendant’s name-free box, who was a police official belonging to the traffic control department of the Namyang Police Station at the time, from carrying out a drinking test; (b) obstructed the operation of the patrol vehicle by preventing the police officer from carrying the Defendant’s seat before the patrol vehicle; and (c) obstructed the police officer’s lawful performance of duties concerning the prevention, suppression, and investigation of the police officer’s crime by assaulting the said D by using the method of cutting down the clothes of the said D with his hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. The defendant denies the facts of the crime that the police officer did not interfere with the police officer's statement, and the defendant did not assault the police officer. Thus, according to the evidence duly adopted and investigated by this court, the defendant's wife F's wife was demanded when the defendant was exposed to the drinking control and the defendant was arrested, and the above F did not immediately respond to the drinking measurement, and it was acknowledged that the police officer attempted to move the police officer to a place where the drinking measuring apparatus was installed. Further, the following circumstances are consistent with the facts of the crime, namely, D, the victimized police officer, consistently made a statement corresponding to the facts of the crime, and E, the police officer called to the scene at the time, stop the police officer from carrying out the police officer's patrol, prevented the defendant from carrying out the police officer's patrol, leaving the scene, and again made a statement to the police officer at the scene of the crime of obstruction of the execution of the police officer's duty.