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(영문) 대전지방법원 천안지원 2016.04.07 2015고단2278
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 20, 2015, the Defendant: (a) around 02:10, the Defendant continued to sleep even if he/she was on board and arrived at his/her destination, after having arrived at the destination, and received a demand from the victim; (b) the police officers dispatched upon receipt of the victim’s report at the victim’s request to stop the vehicle; and (c) on the part of the victim, he/she demanded that the victim “the Chewing typ, Ear, Ear, nar, nar. h. h. h. h.

"Abruting with a bath, etc., the victim interfered with the victim's taxi business by force by means of force, such as getting off and getting off the taxi in front of the taxi for about 20 minutes, such as drinking and getting off the taxi from the taxi on a hand.

2. 공무집행 방해 및 상해 피고인은 같은 날 02:40 경 위와 같은 장소에서, 택시기사 C의 신고를 받고 출동한 성남 중원 경찰서 E 지구대 소속 순경 F(33 세) 이 위 제 1 항 기재와 같은 사유로 피고인을 업무 방해 현행 범인으로 체포하면서 택시 뒷좌석에 드러누워 있던 피고인을 하차하게 하려 하자 발로 위 F의 배, 어깨, 팔, 정강이 등을 약 20여 회 걷어찼다.

As a result, the Defendant interfered with police officers’ legitimate performance of duties concerning the handling of the 112 reported case and arrest of flagrant offenders, and at the same time, the Defendant inflicted injury on the victim F, such as salt pane, tension, etc. in the part of the shoulder that requires three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 314 (1) (a point of interference with business), Article 136 (1) (a point of interference with the performance of public duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of Commercial Concurrent Crimes. Article 40 (Joint Crimes of Obstruction of Execution of Official Duties and Crimes of Bodily Injury shall be punished as Crimes of Bodily Injury);

1. Imprisonment with prison labor for choice of punishment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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