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대구지방법원 안동지원 2018.07.10 2017고단784
공무집행방해
Text

1. The defendant A shall be punished by imprisonment for six months;

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

Reasons

Punishment of the crime

1. 피고인 A 피고인은 2017. 8. 10. 00:38 경 강원도 영월군 영월로 2106 ‘ 영월 역’ 앞길에서 ‘ 술 마시고 난동을 부린다’ 는 내용의 112 신고를 받고 출동한 영월 경찰서 C 지구대 소속 경사 D, 경위 E으로부터 “ 여관까지 모셔 다 드리겠다” 는 말을 듣고는 “ 씨 발 새끼, 개새끼들” 이라고 욕설을 하며 D과 E의 가슴 부위를 손으로 밀치고, D과 E의 다리 부분을 발로 찼다.

As a result, the defendant arrested the current offender of the obstruction of the performance of official duties by D and E, and assaulted D and E on the bridge in the course of boarding the patrol vehicle.

Accordingly, the defendant interfered with the 112 reporting duties of police officers in uniform and legitimate execution of duties related to the arrest of flagrant offenders.

2. The Defendant B, at the front of the calendar month of the same day around 00:45, arrested the Defendant’s husband A, who is the Defendant’s husband, as a current offender of the crime of interference with the performance of official duties and preventing any defect in the patrol vehicle to be loaded on the patrol vehicle, whether the said police officer “hicked the family kids on the family kids;

It is not a murder crime, but a robbery, which is not a robbery, and it is not possible to unfold and unfold the wall.

The part of E, “,” and the part of E, with hand, interfered with the progress of E’s police uniforms by tearing them in front of the patrol car.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and E;

1. Each investigation report, application of photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (Article 136 (1) of the same Act: Selection of imprisonment with prison labor, and Selection of fine by Defendant B);

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. The community service order (defendant A) under Article 62-2 of the Criminal Act;

1. The order of provisional payment (Defendant B).

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