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(영문) 대구지방법원 안동지원 2015.09.15 2015고단456
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

1. On July 19, 2015, the Defendant, at around 23:50 on July 19, 2015, sent to the site after having received a report that two women are being pushed by “Cat” located in Ansan-si B on July 23:50, 2015, and was investigating the circumstances of the instant case, sent out to E in the circumstances where the Gandong Police Station D District Unit was affiliated with the investigation of the instant case, and was able to take the external part of the instant case in his/her hand to buck so that he/she can wear the external part of the fbbbbbbbb, and to take the right hand of the F.

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

2. On July 20, 2015, around 03:00, the Defendant committed the crime at around 03:0 on July 20, 2015, at around 103:0, at the entrance of the Dongdaemun-dong Police Station’s detention room located in Ansan-dong-si, where G was arrested as a flagrant offender, sought to leave the Defendant in the detention room, and found that he/she was at one time at the left side of the G with his/her own hand, and when he/she was arrested as a flagrant offender.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

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

1. Each internal investigation report, investigation report, and the application of 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 (Mutual Crimes of Obstruction of Performance of Official Duties on July 19, 2015)

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The defendant for the reason of sentencing of Article 62-2 of the Criminal Act on probation and community service order has committed another crime of obstruction of performance of official duties despite the same violent force.

The execution of punishment shall be suspended in consideration of the fact that it is against the present depth and is not significantly damaged, but probation and community service shall be ordered to correct the habits of repeated violent events after drinking.

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