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(영문) 대전지방법원 홍성지원 2014.08.27 2014고단378

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

On June 9, 2014, the victim slope C (the age of 30) and D, a police officer belonging to the Boan Police Station, tried to arrest the victim slope C (the age of 30) and D, a police officer belonging to the Boan Police Station prior to 10:04, trying to arrest E, a flagrant offender of the violation of the Road Traffic Act (the refusal of drinking alcohol measurement) who have caused a traffic accident while driving under influence while refusing to take a drinking test

At this time, in order to prevent the above arrest, the Defendant, the E’s workplace partner, committed violence, such as cutting the victim’s timber from the back of the victim C to the bottom, cutting down the victim’s timber, cutting off the breath, cutting off the breath, cutting off the breath of the cream and cutting down the cream of D, thereby obstructing the police officer’s legitimate execution of duties in relation to the arrest of flagrant offenders, and at the same time, inflicted injury on the victim, such as the booming of the arms, damage of the breath part of the wood, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness C, D, and F;

1. In an investigation report (the victim's written diagnosis, the victim's body photograph attached) [the defendant and the defense counsel merely removed the above police officers when they want to arrest E, and did not remove them to the extent that they were pushed down and pushed down, or did not go over to the floor by cutting off the Bath of C, but the above police officers' statements are consistent, concrete and consistent with the F's statements that witness the situation at the time. Accordingly, the above police officers' statements can be reliable, and therefore, it can be recognized that the defendant interfered with the performance of official duties and suffered bodily injury in the same manner as the facts constituting the crime in the judgment of the court below], and the application of statutes is applicable.

1. The point of obstruction of performance of official duties by relevant legal provisions on criminal facts: Article 136 (1) of the Criminal Act: Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on the crimes of obstruction of performance of official duties againstC, the crimes of injury, and the crimes of serious injury);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.