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(영문) 대구지방법원 김천지원 2015.05.27 2015고단85
공무집행방해
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 22, 2014, Defendant A, at around 00:35, tried to take a position on the soup set of “F” in the Gumisi Sin Sin Sin Sin, and continued to take a position on the soup set of the soup set of the soup in the influence of alcohol, Defendant A expressed a desire to the Ha who was requested to present his identification card from the police officer of the old U.S. police station that was dispatched after receiving the 112 report and received the 112 report, and expressed Ha’s face by hand to the Ha who was requested to present his identification card.

Accordingly, the defendant interfered with legitimate execution of duties concerning police officers' 112 crime patrols and suppression of crimes.

2. Defendant B, at the time and place under Paragraph 1, appears to have been arrested by the above Party A as a flagrant offender from the above H at the time and place, and the part of H’s working clothes was cut down by hand, and continued to have H’s head debt.

Accordingly, the defendant interfered with legitimate execution of duties concerning police officers' 112 crime patrols and suppression of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of a witness I, H and J;

1. The police statement of H;

1. A written statement of I and J;

1. The Defendants and the defense counsel asserted that in the case of Defendant A at the time of the instant case, the police officer was unaware of the fact that the Defendant was sent to the police officer due to drinking alcohol, and that the police officer was merely bread in an animal nature without awareness when he was locking the Defendant A, and there was no criminal intent to obstruct Defendant A from performing the official duties of the police officer. Defendant B also asserted that the police officer’s arms were carried out by the police officer because he did not deal with the Defendant A under the influence of alcohol so that the police officer would go through the Defendant A under the influence of alcohol, and that there was no assault or intimidation with the intent of obstructing the performance of official duties.

Criminal intent in the obstruction of performance of official duties is a public official performing official duties; and

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