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(영문) 대구지방법원 포항지원 2015.01.22 2014고단1206
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 04:05 on September 10, 2014, the Defendant interfered with the business of the Defendant: (a) on the road in front of the “C” operated by the victim D on the road located in the north-gu, Mapo-si, Mapo-si; (b) on the ground that the Defendant was a guest on the top seat of the steering seat of the private taxi operated by the victim D, and the victim was unable to drive the taxi until the interesting damage requested by the Defendant due to the lack of taxi fuel (gas). (c) On the victim’s lower demand, the Defendant expressed a large amount of desire despite the victim’s lower demand; and (d) made a call at the Popo-gu, the Defendant did not get from the taxi of the victim; and (d) obstructed the victim’s taxi business by way of avoiding disturbance

2. At around 04:50 on September 10, 2014, the Defendant: (a) committed an assault by the Defendant, on the ground that he was the head of the police station located in the Posib Police Station F District G of the Posib Police Station, who was dispatched after having received D’s report at the above location, and said G’s body was prevented on the ground that he was “Is if Is the Defendant, would be a crime of interference with the performance of duties;” and (b) he was the Defendant, who attempted to board again on the said taxi.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on crime prevention and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. Application of the Act and subordinate statutes to the investigative report (46 pages of investigation records);

1. Relevant Article 136(1) of the Criminal Act, choice of penalty for the crime - Selection of imprisonment, Article 314(1) of the Criminal Act, choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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