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(영문) 대구지방법원 김천지원 2017.05.25 2016고단1561
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) on July 28, 2016, at a D parking lot located in Gumi-si, Gumi-si; (b) on July 28, 2016, at around 09:15, the Defendant reported that he/she would enjoy; and (c) on the site, the circumstances F of the E District belonging to the Gumi Police Station called the Defendant

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For the reason of shouldering that it means "," the F was assaulted by her hand, such as her one time to walk the F, and continuing to walk the her bridge on two occasions.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. 112 Report processing statement and investigation report (the attachment, etc. of video images recorded at the time of the instant case) [In accordance with the evidence of the judgment, the following facts are acknowledged: (a) a police officer reported at a parking lot 112 report that he/she would become a public figure in the parking lot and caused a defendant who was living at the parking site and was trying to return home; and (b) during that process, the defendant was assaulted by a police officer on the bridge of a police officer twice as he/she was boomed by a police officer; and (c) a police officer's bridge was used

Defendant's act constitutes interference with the performance of official duties.

A police officer performs his/her duties, such as protecting people's lives, body, and property (Article 2 subparagraph 1 of the Act on the Performance of Duties by Police Officers), and a police officer's act of having a defendant return to his/her home, who was under the influence of alcohol after receiving a 112 report, shall not be deemed unlawful in performing his/her duties.

In addition, since the arrest of the defendant in the act of committing an offense was already conducted after the crime of obstructing the performance of official duties was established, the legality of the arrest is irrelevant to the establishment of the crime of obstructing the performance of official duties, and the arrest of the police officer in the act of committing an offense is difficult in light of the background of arrest.

Application of Statutes

1. Article 136 of the Criminal Act applicable to the crime and Article 136 of the choice of punishment.

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