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(영문) 청주지방법원 충주지원 2013.03.22 2012고단1199
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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. 피고인은 2012. 8. 11. 00:11.경 충북 음성군 C아파트 201동 앞 노상에서, 피고인이 소란을 피운다는 신고를 받고 출동한 경사 D으로부터 집에 귀가할 것을 요구받자 이에 화가 나, 주먹으로 D의 배를 한 대 때리고, 계속하여 발로 D의 정강이를 2~3회 걷어찼다.

Accordingly, the defendant interfered with the legitimate performance of duties of the police officer on the maintenance of public order.

2. On August 11, 2012, around 01:00, the Defendant removed the Defendant’s rank at the place indicated in paragraph (1) on August 11, 2012, on the ground that: (a) the Defendant again received a report from the Defendant, and the circumstances during which the Defendant called out, upon having received a report from the Defendant, would have come home to his/her house; (b) he/she took a bath to E; (c) he/she, while taking a bath to E, took 3 to 4 times the static class;

Accordingly, the defendant interfered with the legitimate performance of duties of the police officer on the maintenance of public order.

3. Around 03:10 on August 11, 2012, the Defendant arrested a flagrant offender who obstructed the performance of official duties by assaulting E as set forth in paragraph 2, and subsequently, boarded the patrol vehicle and moved the vehicle to a voice police station along with F, a slope D and Patrolman.

During that period, the defendant was in national highways No. 37 near the Yaeong-gun Audi, Chungcheongnam-gun, the defendant tried to wear up the right shoulder of D being driven and continued to restrain F from doing so, and the part of F's title in his hand was 1 time.

Accordingly, the defendant interfered with the legitimate execution of duties by the police officers related to the escort of suspects.

4. On August 11, 2012, around 03:20 on August 11, 201, the Defendant demanded a slope D to leave the patrol car at the parking lot of the voice police station, and the Defendant saw D’s platform was 4-5 times due to the outbreak.

Accordingly, the defendant interfered with the legitimate execution of duties by the police officer on the escort of the suspect.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Application of each police protocol of statement to E and F;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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