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(영문) 대전지방법원 2014.11.06 2014고합178
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[2014Gohap178] On December 30, 2013, the Defendant was absent from the trial of the case where he was prosecuted for the crime of injury to the Daejeon District Court, and the detention warrant for the Defendant was issued at the Daejeon District Court on April 16, 2014. The victim E (the age of 52) who was affiliated with the Daejeon East Police Station D District Unit, and the slopeF belonging to the same district unit was able to wear the patrol car in front of the Defendant’s residence to enforce the above warrant.

On May 22, 2014, at around 09:10, the Defendant: (a) driven a Hpoter vehicle in front of Daejeon-gu G, Daejeon-gu, and continued the patrol thereafter; (b) requested the victim who discovered it to stop with a loudspeaker several times; and (c) even though there was about 2 km down, the Defendant put up a vehicle on the wind coming from another vehicle on the narrow alley side.

피고인은 정신분열병으로 인하여 사물을 변별하거나 의사를 결정할 능력이 미약한 상태에서, 위 차량에서 내린 후 순찰차에서 내린 피해자에게 다가가 “개씨발 새끼들아 왜 자꾸 쫓아다녀”라고 말하면서 미리 소지하고 있던 위험한 물건인 끝을 뾰족하게 갈아 만든 드라이버(손잡이 길이 약 9cm , 날 길이 약 10cm )로 피해자의 이마 부위를 1회 내리찍었다.

Therefore, even though the victim said that "the victim is undergoing the execution of a warrant of detention, because the obstruction of performance of official duties may be added," the defendant was able to take his head debt by hand against the victim and make the part of the victim two times as a saw.

The victim tried to suppress the Defendant by continuously launching gas guns, and the Defendant committed violence by putting the gas guns used by the victim in his hand, thereby pushing the victim with committing a scambling.

Accordingly, the defendant carrying dangerous objects and interferes with the legitimate execution of a warrant of detention by a police officer, and thereby, has the victim do so.

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