logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.09.18 2014고단1683
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

At around 21:00 on April 24, 2014, the Defendant committed assault to F on the ground that: (a) the Defendant took alcohol with F in relation to a business partner in Daejeon Seo-gu, Daejeon, and did not pay the drinking value; (b) at around 22:20 on the same day, the Defendant again took a desire to “Ie, Ie and Ie Ie Ie I do not calculate Ie Ie Ie Ie I do not do so” from H in front of the H located in Daejeon Seo-gu, Daejeon, Daejeon; and (c) on the same day, the Defendant took assault to F.

As above, the Defendant was arrested as an offender in the act of committing an act of violence from the Security Department of the Daejeon Police Station, the security guards of the Daejeon Police Station I District, who was called upon the above 112 report that the Defendant had been in a assault incident, and was on the roadside, and the Defendant was assaulted by the said J to walk the front side of the bridge of the said J on the ground that the said J prevented the Defendant and attempted to take aboard the patrol vehicle.

The Defendant continued to refuse to take the patrol by putting the head at the bottom of the patrol vehicle and putting the bridge into the patrol vehicle. However, the security guards belonging to the same patrol zone dispatched to the site upon receiving a request for support and assaulting the Defendant to walk the gate of the said K’s bridge at several times by putting the Defendant on the patrol vehicle at the bottom of the patrol vehicle.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on patrol and arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, J and K;

1. Damage photographs;

1. Application of Acts and subordinate statutes concerning a copy of work log;

1. Articles 136 (1) and 136 (1) of the relevant Articles on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The Defendant’s judgment on the assertion of Article 62(1) of the Criminal Act regarding the suspended execution does not constitute legitimate performance of official duties if the police officerJ arrests the Defendant as a flagrant offender. Accordingly, the Defendant’s resistance against the Defendant’s failure to be arrested on the roadside is an act to escape from the current unjust infringement on the body.

arrow