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(영문) 대구지방법원 2015.05.21 2015고단826
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On December 2, 2014, the Defendant was sentenced to imprisonment with prison labor for 8 months and 2 years of suspended execution for a violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) at the Daegu District Court, and the sentence became final and conclusive on the 10th of the same month

On October 19, 2014, at around 23:49, the Defendant: (a) sought a taxi at the Gu American Police Station C police station located in B, which was working at the office located in the Gu, and (b) took a pedal on the ground that he was unable to know that he committed “Nefurg” to D, who was working for the said station while serving at the office.

Accordingly, at around 23:55 on the same day, the above D, who was present out of the police box to the Defendant, was accused of the complaint, and was sent before the police box in front of the above police box, and the above patrol vehicle belonging to the above patrol box, which was sent to the Defendant, was sent to the patrol vehicle belonging to the above patrol box, which was sent to the said patrol vehicle by one other, to the front part of the vehicle.

The Defendant continued to enter the above police box office, and took a bath to “this sponse,” and assaulted the slope F in that place once by leaving the said place, and the Defendant tried to keep the sponse in body and control the Defendant several times in the process of arresting the Defendant.

As such, the Defendant assaulted the police officers, thereby obstructing the police officers from performing their legitimate duties concerning the dispatch and suppression of their reports, and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. An investigation report (limited to the attachment of photographs by a copy of a working place and by cutting CCTV image data);

1. A report on internal investigation (referring to CCTV images taken by a police box);

1. Previous records: Application of inquiry reports including criminal records, and investigation reports (Attachment to judgments of suspension of execution of a sentence) or other Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The defendant for the reason of sentencing under Article 62(1) of the Criminal Act is a police officer performing official duties.

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