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(영문) 대구지방법원 2020.08.11 2020고단2631
공무집행방해
Text

Defendant

A shall be punished by imprisonment for 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 May 2, 2020, the Defendant reported on May 2, 2020: (a) around 00:18, 112 on the street in front of “D” located in Daegu-gu, Daegu-gu, Seoul-gu, and called “D” and sent to the Defendant the police box affiliated with the Daegu-nam Police Station Emba, which, after having received a report, notified the Defendant of his personal information and contact details; (b) “A police officer if the police officer was the defect”; and (c) caused the Defendant to have the left shoulder at one time.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

2. On May 2, 2020, Defendant A, at around 00:26, 2020, referring to the developments leading up to the assault case voluntarily driven at the E box located in Daegu-gu, Daegu-gu, the Defendant: (a) reported that he was arrested for the commission of the crime under paragraph (1) of this Article; and (b) reported that “If he was a police officer of this case, he was arrested for the commission of the crime under paragraph (1) of this Article; (c) female she was killed for the commission of the instant crime; (d) female she was killed for the commission of the police officer belonging to the Daegu-gu, Southern-gu, Seoul, Police Station E box; and (e) assaulted the police officer assigned to the police officer of the same police box and the chest on one occasion, respectively.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and the suppression and investigation of crimes by police officers H and I.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to I, H, and F;

1. Application of the Acts and subordinate statutes to photograph victimized police officers' photographs, work logs, 112-report processing records, internal investigation reports (Attachment, etc. of spabl images), and to caps of spabr image images;

1. Defendants of relevant legal provisions concerning criminal facts: Article 136(1) of the Criminal Act (the point of obstructing performance of official duties)

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendant A: Defendant B who has chosen to imprisonment with prison labor: Selection of fine;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of the provisional payment order:

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