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(영문) 대구지방법원 포항지원 2017.08.17 2017고단739
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 May 18, 2017, the Defendant: (a) 00:21 on May 18, 2017, the Defendant was under the influence of alcohol at one-lane air-going vocational training center located in the north-gu, Yongsan-gu; (b) the victim C, a driver of the Kusk-gu car, was running at a speed to reduce the speed; and (c) the Defendant obstructed the said car, cut off the part of the main set of the said car by hand, cut off by hand, and continuously set up a door to the driver’s seat.

On the other hand, when the victim took a bath for the victim, he cut off the glass of the driver's seat of the above car on the ground that the victim did not open the door, and continuously damaged the brin of the brins so that the sum of the repair cost would be approximately KRW 1,056,478.

2. The Defendant obstructed the performance of official duties at the above date, at the above place, and at the above time, and at the above place, received a report of 112, and responded from E of the police box affiliated with the Police Station D of the Pohang Port Police Station D, which called “any danger and danger may interfere with the flow of vehicles, so that it may interfere with the flow of vehicles outside the road,” and tried to remove the driver from E by making the free door of the driver’s seat in hand.

The Defendant: (a) expressed the desire to “Ie chrop, bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch son, and dead son,” and (b) threatened E continuously with drinking, stating, “Ie sphere in fat, sphere, dead, and sphere”, “Ie sphere sphere, sphere, sphere, and sphere.”

As a result, the defendant interfered with the legitimate execution of duties by police officers on site dispatch.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, E, and F;

1. Application of the written estimate statutes;

1. Relevant Article 366 (1) of the Criminal Act and Article 366 (1) of the Criminal Act (amended by Act No. 1066 of the Criminal Act and the choice of punishment for a crime (amended by Act No. 1006 of the Criminal Act and the choice of imprisonment with prison labor);

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

1. The Criminal Act, the suspension of execution;

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