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(영문) 대구지방법원 안동지원 2014.10.31 2014고단605
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 4, 2014, around 02:45, the Defendant: (a) requested the victim F, etc. of the police officer belonging to the Ansan Police Station E zone, who was called up after receiving a report from the Defendant, to walk the disturbance in front of the House D’s members located in Ansan-si C to the patrol house; (b) demanded the victim and the police officer of the Dong Police Station E zone, who was called up to the patrol house; and (c) the victim and the Dong police officer of the Dong police officer, who returned to the patrol lane with G, carried the victim’s flatization in his/her hand; and (d) deemed the victim’s flatization from the patrol car to the victim’s flat.

Therefore, the defendant interfered with the legitimate performance of official duties concerning the dispatch and management of 112 reported police officers, and at the same time, the victim was in a face-to-face and a face-to-face inspection that requires approximately two weeks of medical treatment.

2. At around 02:50 on the same day, the Defendant: (a) arrested a police officer in the act of committing an act of violence; and (b) destroyed the patrol car, which is an object used by a public office of next 1:42,155 won in repairing the patrol car, using the glass of the patrol car and the ceiling part of the patrol car, from the time when the police officer was arrested in the act of assaulted and carried out a patrol lane in the E district.

3. The Defendant, at around 04:50 on the same day, took the face of the slope H belonging to the above police station that prevents the Defendant from drinking in the detention room of the Dongdaemun Police Station located in Ansan-si, Ansan-si, and left the head of the same I.

Therefore, the defendant interfered with the legitimate execution of official duties concerning the maintenance of order in the detention room of the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to an investigation report (report attached to a police officer's written statement working at a detention cell in the same police station);

1. Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act and Article 141 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of performance of official duties and of injury under paragraph (1) of the same Article);

1. Selection of each sentence of imprisonment;

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