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(영문) 대구지방법원 안동지원 2019.06.18 2019고단152
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On April 6, 2019, the Defendant received a request for returning to Korea from D and E, a police officer belonging to C District, in front of the permanent police station C District B at permanent residence, around 18:10 on April 6, 2019, the Defendant, while under the influence of alcohol, assaulted the police officer’s flabbbb, D and E’s flab, who was a police officer, in his/her hand, while under the influence of alcohol, “the brea flab, arrested flab, the flab, the inside and outside of the country, and his/her father, the flab, the flab, and the flabbbbbbb, the flabbbbbb, and the flab.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention of crimes and maintenance of order.

2. On April 6, 2019, the Defendant resisted at the C District 19:45, on the front of the C District 19: (a) in the course of carrying a patrol vehicle in order to arrest a flagrant offender and escort him to a criminal team of a permanent police station for the same reason as paragraph (1), and assaulted the police officer E, who is a police officer, by spiting spite, flap, and walking off the e’s face, and by walking off the E’s backbrop at one time.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of the Acts and subordinate statutes to report internal investigation and investigation;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

Article 40 or 50 (Selection of Imprisonment)

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act have already been punished several times as a crime of the same or similar kind, and among them, the punishment has already been sentenced.

Nevertheless, the Defendant, while under the influence of alcohol, took a bath against police officers without any reason, exercised violence, and obstructed the execution of official duties by spiting spits.

The degree of interference with police officers' performance of official duties is also very large.

The nature and possibility of criticism are very serious.

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