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(영문) 대전지방법원 천안지원 2013.07.18 2013고정242
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 2, 2012, at around 04:00, the Defendant: (a) performed the desire of the police officer to move the Defendant into the D Zone, without any reason, in order to protect the Defendant’s body under the influence of alcohol on the street in front of the D District Zone E (33 years of age) located in the Western-gu, Western-si; (b) on November 2, 2012, in order to protect the Defendant’s body under the influence of alcohol on the D Zone; and (c) without any reason, he removed the e from the e by asking the arm’s length, death, dead, etc.; and (d) obstructed the police officer’s legitimate performance of public duties, such as removing the e from the flash, and causing injuries to the number of days of treatment by glapsing the flash with the flash.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of partial police officers of the accused;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, the Defendant asserted that, at the time of determining the Defendant’s assertion, a person, other than a police officer, thought that he/she would commit an indecent act against himself/herself, and that, as he/she was resisted, the obstruction of performance of official duties is not established

According to the evidence mentioned above, the police officer was sent to the workplace by receiving the report that the host person was playing on the way, and the support was made to the police officer. At the time, the defendant was able to take the police officer's seat to the D zone by burning the defendant at the patrol vehicle, the defendant did not get out of the patrol vehicle and went out to another patrol vehicle, and the defendant took a bath while carrying out other patrol vehicle. After getting out the patrol vehicle, the police officer did assault the E in the course of the patrol without going through the patrol vehicle and going into the patrol vehicle, and the defendant continued to arrest the police officer as a flagrant offender, and the defendant continued to do so.

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