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(영문) 대구지방법원 김천지원 2018.11.21 2018고단917
공무집행방해등
Text

The Defendants shall be punished by imprisonment for six months.

However, from the date this judgment became final and conclusive, for Defendant A, two years.

Reasons

Punishment of the crime

1. Defendant A

A. On July 27, 2018, at around 12:40 on July 27, 2018, the Defendant damaged the damage in a cafeteria operated by the victim D in the Gu-U.S. Si, so that the amount equivalent to KRW 62,00,000, i.e., the repair of the sponsed water in a cafeteria, under the influence of alcohol, would not be obvious.

B. Around 13:21 on July 27, 2018, the Defendant: (a) received a demand from G during the process of requesting the information on his/her personal information from the police box of the former American Police Station F Station, dispatched after receiving 112 reports to the above E restaurant; and (b) received a demand from the G officer of the police box of the former American Police Station to inform him/her of the personal information; (c)

“Chinging the bath, and assaulting the left part of the said G once with the floor of the hand.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting processing duties.

2. Defendant B: (a) arrested Defendant B at the same place as at July 27, 2018, as at around 13:22, as at the same time as at around 13:22, G, etc. on the grounds as above, and on the same grounds, arrested Defendant B, etc. under suspicion of obstructing the performance of official

The term "" means a police box belonging to the police box of the former and the former police station, and assaulted a knife on the H's working clothes with two hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting processing duties.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made with respect to G and H;

1. Written statements of D;

1. On-site CCTV photographs, on-site photographs, and water supply essential photographs destroyed;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a written estimate for repair of tap water);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 136(1) of the Criminal Act (Interference with the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment, respectively,

B. Defendant B: Article 136(1) of the Criminal Act; Articles 136(1) of the Criminal Act; Articles of imprisonment

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Defendants on probation: The main sentence of Article 62(1) of the Criminal Act

1. Defendants of a community service order: Reasons for sentencing under Article 62-2(1) of the Criminal Act;

1. Obstructing the performance of official duties (the Defendants).

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