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(영문) 대구지방법원 2016.12.16 2016고단4807
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than six months and by a fine not exceeding five hundred thousand won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant, while taking a bath for B, etc. after having boarded a taxi driven by B, was able to go to the Daegu Suwon-gu Police Station D located in Daegu Suwon-gu, as well as the above B.

1. On July 12, 2016, the Defendant, in violation of the Punishment of Minor Offenses Act, expressed that the Defendant, under the influence of alcohol in the said D District, had a desire to brea the police officers belonging to the said D District E, who are police officers belonging to the said D District, and the F of the Gyeong F, “commening down the floor” and, under the influence of alcohol, had the Defendant flowed in very rough and disorderly horses and conducts at a government office while under the influence of alcohol by avoiding disturbance, such as spiting down on the floor.

2. On July 12, 2016, the Defendant: (a) was arrested as a flagrant offender at the Sungsung Police Station and office located in 2460 as of the Daegu Suwon-gu, Daegu, Daegu, Police Station D District Police Station, and waiting together with F (35 years of age) in order to hand over the disease in order to transfer the disease by committing the same crime as described in paragraph (1). On July 12, 2016, the Defendant: (b) was on one occasion at the left face of the F (F) for the replacement of the swimming.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police in F and B;

1. Application of each of the statements, on-site photographs, work logs, and video images stored in a video CDs, or any video statute;

1. Relevant provisions 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), and Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbance of principal revocation and the selection of fines);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act (the conditions of favorable sentencing among the reasons for sentencing below) (the scope of applicable sentences under law), one month to five years (the decision of imprisonment) shall be the obstruction of performance of official duties.

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