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(영문) 대구지방법원 2016.08.11 2016고단2114
공무집행방해
Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On April 10, 2016, Defendant A, at the front parking lot of the “D cafeteria” located in Daegu Suwon-gu, Daegu Suwon-gu, (hereinafter “D cafeteria”) around 09:05, the Defendant reported that he interfered with the business, such as shouldering of pro-Japanese E (her summary indictment on the same day)’s glass disease, and reported that he was arrested by the police officer of the Daegu Suwon-gu, Suwon-gu Police Station F District Unit, who was called out, as a flagrant offender G, and committed violence against G’s chest by hand.

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

2. On April 10, 2016, around 09:08, the Defendant assaulted G workers belonging to the Daegu Suwon Police Station F District under the 112 Report Report and the arrest of flagrant offenders at the places indicated in paragraph (1), and as described in paragraph (1), Defendant A used the Defendant’s chest at around 2-3 times to view that he was arrested as a flagrant offender of the crime of interference with the performance of official duties by assaulting G workers belonging to the Daegu Suwon Police Station F District under the 112 Report and the duties relating to the handling of the case and the arrest of flagrant offenders.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to G and H;

1. Investigation report (a document attached to a police officer G police officer's certificate or a copy of his/her duty log);

1. Application of the Acts and subordinate statutes on closure photographs;

1. Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; Selection of a fine;

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

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A who observe the protection and observation: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The defendant A [the scope of recommended punishment] The basic area (6 months to 1 year and 4 months) of the basic area (the person who is subject to special sentencing) (the person who is subject to special sentencing) of the defendant A [the person who is subject to special sentencing] has committed several violent offenses against the defendant.

The favorable circumstances: The defendant reflects his depth on the crime of this case.

The crime of this case was caused by contingently.

(2).

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