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(영문) 대전지방법원 천안지원 2016.09.29 2016고단1419
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 5, 2016, the Defendant interfered with the performance of official duties: (a) visited the D police box located in Asan City, Asan-si; (b) visited the said police box to the effect that the Defendant was in custody of the lost vehicle transfer documents; and (c) provided explanation on the process of acquiring and returning the lost goods from E during the process of the operation of the said D police box, despite having given the explanation from the circumstances where the said D police box was assigned, the Defendant took a bath to the said E without any justifiable reason; (b) took the above E’s arms to take two times; (c) took them back; (d) took them back to three times by hand; and (e) took three times the chest of the said E; and (e) took the other part of the Defendant’s hand with the said E.

As a result, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies, and property.

2. The Defendant committed a crime of interference with the performance of official duties, as described in paragraph 1, and subsequently committed a crime of interference with the performance of official duties, at the front of the D police box located in Asan City, 23:05, in front of the D police box located in Asan City, the Defendant was not able to remove the back part of the patrol vehicle parked at the scene, and the Defendant’s son, who was on the next side, was trying to remove it.

Accordingly, the Defendant attempted to impair the utility of goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of the E statements, 1. The investigation report, F, and G statements, 2. The results of checking the video recording of indoor CCTV in the police box, 1. The investigation report, 2. The investigation report, and the criminal investigation report, 3. The video recording of indoor CCTV in the police box, 2. The investigation report, and 1. The video recording in the video recording by G policemen;

1. Videos of two CDs;

1. Application of Acts and subordinate statutes to entries in the 112 Reporting Case Handling List;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Articles 143 and 141 (1) of the Criminal Act (the fact of attempted damage to goods for public use, the selection of imprisonment, etc.);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the punishment shall be added) for concurrent crimes.

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