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(영문) 대구지방법원 서부지원 2019.03.20 2018고단2721

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 15, 2018, from around 02:40 to 03:00, the Defendant: (a) expressed the victim’s desire to drink in the packaging end of the victim’s C’s operation in Daegu Seogu Seo-gu, that it would not pay the credit card after drinking alcohol; (b) placed the victim’s wife’s 112 report on the victim’s 112 report, and caused other customers, who were drinking alcohol at the same place, to leave the packing car.

Accordingly, the defendant interfered with the victim's packing horse operation by force.

2. 공무집행방해 피고인은 2018. 7. 15. 03:00경 제1항 기재 장소에서, 112신고를 받고 출동한 대구성서경찰서 E파출소 소속 경찰관 F 등이 있는 가운데 위 D에게 달려들려고 하다가 위 F에 의하여 제지되자, “씹할 새끼야, 개 같은 새끼야, 짭새 새끼야, 너 몇 살이야, 양아치 같은 새끼야, 너네 엄마한테 안 부끄럽냐”라고 욕설하면서 손으로 위 F의 가슴을 2회 밀쳤다.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Written statements of D;

1. On-site photographs, notification of the department related to the report of the 112 case, and the post of post box [the defendant, in relation to the crime of obstruction of performance of official duties, only spreaded the police while resisting the illegal arrest, and did not interfere with legitimate execution of duties by the police. However, in full view of the above evidence, it can be acknowledged that the defendant's body was sealed while taking a bath to the police officer F who was dispatched to the site upon receiving a report of 112, and thus the defendant's above assertion is rejected.] statutory application

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act concerning criminal facts as well as the choice of punishment;