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(영문) 대구지방법원 2020.09.22 2020고단2634
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. 피고인은 2020. 3. 6. 23:00경 대구 동구 B 소재 C주점에서 ‘손님이 술 취해서 몸을 못 가눈다’는 내용의 112 신고를 받고 출동한 대구동부경찰서 D지구대 소속 경사 E에게 술에 취하여 아무런 이유 없이 위 경사의 얼굴을 향하여 주먹을 쥔 상태에서 오른손 중지 손가락만 세운 손가락 욕설을 하고 위 경사의 얼굴과 다리를 향해 총 4회에 걸쳐 침을 뱉었다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

2. At around 01:10 on March 7, 2020, the Defendant arrested a flagrant offender of the crime of obstruction of performance of official duties in the Daegu Dong-gu Police Station located in Daegu-gu, Daegu-dong Police Station located in 209 on the ground as above, and thereafter, the Defendant refused to search the body of the Defendant in the custody room in order for the Defendant to be transferred to the above Daegu Dong-dong Police Station criminal charge of the above Daegu Dong-dong Police Station, which was the victim, and the Gyeong F ( South, 33 years old) of the police station belonging to the above Daegu Dong-dong Police Station, which was the victim, to go into the custody room. The Defendant rejected the Defendant’s physical search in the custody room, and the Defendant’s head of the above Gyeong-dong Police Station made the Defendant’s report at first time. The Defendant’s head of the above Gyeong-dong Police Station, who refused to complete the entrance into the detention room, and caused the Defendant’s quih, etc. on the quih hand of the above funeral.

As a result, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of crime and the management of new soldiers, and at the same time, inflicted an injury on the above police officers who are victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of Acts and subordinate statutes to a report on internal investigation (the attachment of images, such as f descendants), investigation report (the attachment of cellphone photographs);

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade shall be F.

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