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(영문) 대구지방법원 2014.06.12 2014고단1338
공무집행방해
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

Around 01:50 on January 26, 2014, the Defendant was suspected of interfering with the work and exercising violence against “D” entertainment tavern located in Daegu-gu, Daegu-gu, upon receiving a report from 112, and having been dispatched, the Defendant was investigated.

When the above F requires the presentation of an identification card, the Defendant took a bath to the above F on the ground that the question about personal information is defective or bad, and assaulted by the Defendant’s hand, such as making several clothes of the F.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of each police statement related to F and G;

1. The occurrence of cases, such as obstruction of performance of official duties, arrest reports, and application of photographs;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 62(1) of the Criminal Act

1. The defendant and his defense counsel asserted that the defendant did not assault F. However, in F's police and this court consistently stated that the defendant has a kind of fact in F's clothes, and if the remaining evidence is added to each of the above statements, the fact that the defendant assaults F.

The above argument by the defendant and defense counsel cannot be accepted.

2. At the time of the instant case, the defense counsel asserts that the Defendant’s act does not constitute obstruction of performance of official duties as long as the F’s performance of duties is unlawful, since the F’s act was not complied with because the F’s identification card was presented to the Defendant at the time of the instant case and the F’s identification card was presented to the

In Article 3 (1) of the Act on the Performance of Duties by Police Officers, it is suspected that he has committed or is about to commit a crime by reasonably judging the above conditions and surrounding circumstances.

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