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(영문) 대구지방법원 경주지원 2015.04.29 2015고단166
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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

Around 23:20 on January 20, 2015, the Defendant: (a) discovered that E security guards, a police officer affiliated with the D police box, have stopped in front of the above convenience store in accordance with the direction of strengthening the patrol according to the occurrence of night convenience store robbery; and (b) discovered that the police officer was standing in front of the above convenience store in accordance with the direction of strengthening the patrol according to the occurrence of night convenience shop robbery; and (c) determined that the police officer was easy to collapse, the Defendant was able to avoid disturbance, such as: (a) holding the police officer’s seat of the patrol by force and inserting his body.

Therefore, when the above E was removed from the patrol car, the defendant was assaulted by double descendants, such as cutting down the franchis of the above E, cutting down the franchis, cutting down the franchis of the franchis, cutting down the franchis of the fat,

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the patrol duty of the above E, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a criminal investigation report (to serve in a police box and to attach copies of a victim's certificate), to a police box, to a service log for a police box, to a public official identification card, and to a criminal investigation report

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] : Type 1 of the obstruction of performance of official duties (Obstruction of Performance of Official Duties/Compulsory Performance of Duties)

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