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(영문) 대구지방법원 서부지원 2016.10.21 2015고단1520
공무집행방해
Text

Defendants shall be punished by imprisonment for six months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Reasons

Punishment of the crime

1. On June 30, 2015, Defendant A, at around 22:10, 2015, committed assault, such as asking the Defendant for the case details, personal information, etc., and threatening F to the Defendant of the Mascop E box of the Mascop Police Station, which was called out after receiving a report that there was a person who does not calculate the drinking value at the “Dju” store located in Daegu-gu, Seogu, Daegu-gu, and committing assault, such as threatening F to ask the Defendant of the case details, personal information, etc., and threatening F.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and maintenance of order by police officers.

2. 피고인 B 피고인은 전항 기재 일시 및 장소에서, 경찰관 F이 A을 공무집행방해의 현행범인으로 체포한 후 술값을 계산할 것을 요구하자 F에게 “씨발놈아 내가 뭘 잘못했는데. 두고 보자. 내가 가만 두나 봐라. 니가 살아 날 줄 아나.”라고 욕설을 하고 주먹을 휘두르며 때릴 듯이 위협하였다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and maintenance of order by police officers.

Summary of Evidence

1. Defendant A’s legal statement

1. The suspect interrogation protocol of Defendant B concerning the police officer

1. Application of the police statement law to G and F

1. Defendants of relevant criminal facts: Article 136(1) of the Criminal Act;

1. Defendants subject to suspended execution: Article 62 (1) of the Criminal Act (including the fact that all the defendants have no previous convictions in the same kind and the seriousness of the case);

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