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(영문) 대전지방법원 2019.09.26 2019고단1800
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than five 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. On March 27, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents against Drivers) : (a) around 02:13 on March 27, 2019; (b) on the taxi in front of the Daejeon-gu Daejeon-gu, Daejeon-gu; and (c) on the back seat of D taxi vehicles operated by the victim C, the victim did not have been able to move properly to the destination; and (d) on the part of the victim, the victim did not bring about a dispute with the victim.

The victim's maths were made once by hand on the floor.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. On March 27, 2019, the Defendant had a dispute with C, a taxi engineer, as described in the foregoing paragraph (1) on the front side of the Daejeon-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, Seoul-do, where 112 was reported and sent to the scene, the Defendant heard the circumstances and explained the receipt and the process of the case to the Defendant, and provided the Defendant with an explanation of the process of the receipt and the process of the case. On the completion of the business to the above taxi engineer C, the Defendant obstructed the front of the defective patrol car, and assaulted the Defendant by completing an investigation, such as: (a) having finished the business, it is called that the bbbox video is sold to the police station; and (b) having been seated with the driver’s hand and arms of the above F, which had been seated at the driver’s seat.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning crime prevention, suppression, investigation, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Police suspect interrogation protocol regarding C;

1. The police statement concerning F;

1. The result of reproduction and hearing of the audio recording file stored in CD [the defendant and his defense counsel asserted that there was no assault by the defendant by putting the victim's maw at the time of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes (as to the point of assault against a driver, the defendant and his defense counsel did not assault the driver of a vehicle in operation as stated in the facts charged in the judgment of the court.

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