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(영문) 대구지방법원 서부지원 2016.09.29 2016고단1538
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and a fine for 200,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On June 27, 2016, from around 17:15 to around 17:45, the Defendant: (a) expressed to police officers that “Chewing, dead, and discarded,” while drinking within the police box located in Daegu-gun B, the Defendant expressed to the police officers that “masting, dead, and discarded,” he saw strings on his own in his own hand, and expressed to the police officers that “masts, gasoline, gasoline, and salbling, salbling, salbling, salbling, and salbling,” and expressed to the effect that “maths entered in the police station.”

As a result, the Defendant 30 minutes passed through the police box of the Daegu Police Station C police station, which is a government office, so that the Defendant was sleeped by the horses and actions being drunkd.

2. On June 27, 2016, the Defendant obstructed the performance of official duties, at around 18:08, sent a disturbance as described in the preceding paragraph, and was arrested in the act of violation of the Punishment of Minor Offenses Act (the revocation column of the official order) and waiting for the transfer of a soldier, the Defendant was under three police officers, such as the mitigation of the C police box, etc., from among those who walk to the police box and carried to the female, on the ground that D who reported 112 due to the disturbance of drinking, was preparing a written statement within the above C police box.

Accordingly, the police officer assaulted the above E(43) to connect the lock who was aboard the Defendant’s hand with a fixed prisoner of the police box, and assaulted the boom of the above E(43) in a way that sets the body which was set up by the police officer.

As a result, the defendant interfered with legitimate execution of duties such as the duty to prevent police officers from escape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police statements of E;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, punishment by imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation by official books, and fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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