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(영문) 대구지방법원 2016.11.10 2016고단4510
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On September 8, 2016, the Defendant of the obstruction of performance of official duties on slope B, around the bus stops located in 401 at the center of Daegu-gu, Daegu-gu, and reported on 112, “B, two South and North Korea, drinking,” she continued to smoke at the bus stops, despite having received a stop from the slope of the police box of the Daegu Jung-gu Police Station, which called “B,” and continued to smoke at the bus stops. Accordingly, the Defendant: (a) requested from B that B move the other places where the bus stops turn tobacco to a non-smoking place; and (b) requested B to move the bus stops to a non-smoking place, “I will get out of spunch, v. n. will grow and grow.” (b) assault B’s chest by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report handling duties.

2. On September 9, 2016, the Defendant of the obstruction of performance of official duties against slope D was at the F police station detention room located in Daegu Northern-gu, Daegu Northern-gu, the Defendant: (a) notified the National Human Rights Commission’s petition system and hearing interview system in accordance with the procedure for entering the detention room for committing an act in the crime of obstruction of performance of official duties from the slope of the police box attached to the same police box D; and (b) requested D to submit the belongings; (c) sent the cell phone to D; and (d) he sent the cell phone; and (d) caused d to go out of the detention room; and (d) tried to go out of it; and (e) tried to go out of the detention room; and (e) asked D to put him out of it, “Ise franium”; and (e) assaulted D by drinkinging D to “Ise franium”, and francing D’s left side to drinking once.

As a result, the defendant interfered with legitimate execution of duties concerning police officer management.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. G statements;

1. A detailed statement on processing reported cases;

1. Application of Acts and subordinate statutes to report internal investigation (attached to a victim's identification card and a copy of work log);

1. Relevant Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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