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(영문) 대구지방법원 서부지원 2020.04.23 2019고단2346
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. At around 01:35 on August 17, 2019, the Defendant, within the “C” located in the Daegu Seo-gu B and the third floor of the Daegu Seo-gu, Daegu-gu, 2019, followed the Defendant’s disturbance, such as changing the drinking value calculated by friendship to his employees. The Defendant said that the victim E belonging to the D District District of the Daegu Hanan Police Station, who was called upon 112, and the Defendant, who was on a telephone call by the victim E and the victim light F, were forced to make a call later. While the above state-based business owner and the non-victims were able to observe, the Defendant expressed the above victims’ desire, such as “I am this, I am on the phone, I am on the spot, I am on the face of the victim and the victim H even after the victim’s slope.” After that, due to the victim’s request, I see that the victims were not subject to public arrest, and that the victims were not subject to public arrest.

2. When the Defendant requested the Defendant to return home to the Defendant who is suffering from disturbance as stated in the foregoing paragraph (1) at the time and place specified in the foregoing paragraph (1), the police officer E and three police officers belonging to the Daegu Hanan Police Station D District Team, who was called upon 112 report, as stated in the foregoing paragraph (1), and assaulted the above police officer E by taking her bath to the above paragraph (1) on three occasions and one face.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E and I;

1. Each statement of G, H and F;

1. An investigation report (in cases of attaching a copy of work place), an investigation report (the results of the reproduction of moving pictures CDs);

1. Application of each statute on filing of a complaint;

1. Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. The Commercial Concurrent Crimes Act.

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