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(영문) 대구지방법원 2016.08.18 2016고단1724
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On January 16, 2016, the Defendant obstructed the performance of official duties, around the safe sports park in Daegu-gu, Daegu-dong, Daegu-gu, where the Defendant was called out to the effect that he assaulted on a street, and received a demand from police officers D and E belonging to the Daegu-gu police station C district unit in the Daegu-gu, Dong-gu, Seoul-gu, where the Defendant was called out to the effect that he assaulted on a street, and that he was called out to stop his scam from the police officers D and E who confirmed the on-site situation. As such, the Defendant committed assault on the head D and E’s chest again when she was b

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases and criminal investigation.

2. The Defendant who damaged public goods was arrested as a current offender while obstructing the performance of official duties at the time and place specified in paragraph 1, and was on board the back seat of the patrol vehicle located in the police station located in Daegu-dong Police Station, Daegu-dong Police Station, and caused damage to the back of the patrol vehicle so that the Defendant would face repair costs equivalent to KRW 130,790, by walking the back of the patrol vehicle at hand.

Summary of Evidence

1. Each legal statement of witness D, E, and F;

1. The place where he works for the earth;

1. Written estimate;

1. The defendant and his defense counsel asserts to the effect that they were not only unlawful in the performance of official duties at the time, but also did not harm the back of the patrol police officer.

However, according to the witness's statement consistent with the witness's statement, it can be sufficiently recognized that the defendant committed an act on the merchant who sells goods in the future, and the police officer assaulted the horse police officer, and that the police officer damaged the back of the patrol vehicle by means of the method of walking along the patrol vehicle in the course of arresting him/her as an offender and boarding the patrol vehicle.

Application of Statutes

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 141 (1) of the Criminal Act concerning the facts constituting an offense (the point of impairing goods for public use) of the same Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Imprisonment with prison labor for each choice of punishment;

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