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(영문) 대구지방법원 서부지원 2020.04.06 2019고단2818
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding one hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 05:00 on July 24, 2019, the Defendant committed an act of disturbing drinking alcohol for about 40 minutes, including: (a) the Defendant, on the third floor of the building located in the Daegu-gu month B, having opened the door “Ch. Ch. Ch. Ch. Ch.C.”; (b) the Defendant, despite the police officer called for the report of the owner of the building at issue, continued to call for returning home; and (c) the Defendant, despite the police officer called for the report of the owner of the building at issue, continued to call for drinking.

2. On the above day at 05:45, the Defendant notified the Defendant that he will return to the district of the police officer F, sloping G, etc. belonging to the police officer E zone belonging to the Daegu-gu Police Station E zone, which was called up on the road in front of the Seongbuk-gu, Seogu, Daegu-gu, to return to the district, and the Defendant considered that “this would be erroneous, if any, and there is an error in law,” and the Defendant considered G’s face to come up with G, and deemed that “the Defendant would be arrested.” The Defendant was unable to leave the police officer of the new patrol No. 1 who was boarding by another police officer by force, and the F was on the patrol of the new party 3 to check the Defendant and return to the district, and the Defendant was unable to start the patrol by forcing the driver’s seat of the said patrol to go back to the district.

Accordingly, F used to arrest the defendant in the act of violation of the Punishment of Minor Offenses Act and assault F's head by hand.

Accordingly, the defendant interfered with the police officer's legitimate execution of duties concerning the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. Application of the Acts and subordinate statutes to photograph damaged photographs and CCTV images;

1. Relevant Article of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), Article 3(1)20 of the Punishment of Minor Offenses Act (the point of disturbance of principal revocation and the selection of fines) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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