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(영문) 대전지방법원 2020.11.12 2020고단3517
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 01:30 on June 27, 2020, the Defendant assaulted the victim, i.e., the victim D (main and 47 years old) returning home in front of the Daejeon Seodong B apartment guard room, without any reason, to D (manam and 47 years old). The victim prices the victim's chest part several times due to the shoulder, thereby causing the victim to face both arms and parts with the wall of the guard room.

2. Performance of official duties;

A. At around 01:50 on June 27, 2020, the Defendant assaulted D in front of the above security room, and solicited the Defendant to notify the Defendant of the date of investigation and to return home, and thereby interfered with the police officer’s legitimate performance of official duties concerning the duty of reporting 112.

B. On June 27, 2020, at around 02:40 on June 27, 2020, the Defendant arrested a flagrant offender in the crime of obstruction of performance of official duties in front of the above patrol room and moved the patrol vehicle to the excursion police station, and when G police officers belonging to the E box where he gets seated next to the seat of the police station leaving the scambling, the Defendant obstructed the legitimate performance of official duties in relation to the arrest of a flagrant offender by assaulting him, such as opening the shoulderer on the right shoulder and the right shoulder of G as soon as possible.

Summary of Evidence

1. The defendant's statement F in his court statement, and the statement by the police in G;

1. Report on internal investigation (Attachment of internal black records by the patrol vehicle) in a written statement (Attachment of internal black records by the patrol vehicle) and report on internal investigation (Attachment of image data by means of violence inside the patrol vehicle) 112, photographs of physical parts damaged by the report processing slip, and the application of Acts and subordinate statutes governing the photograph of victims;

1. Relevant provisions of the Criminal Act, Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes, and the punishment stipulated for the obstruction of performance of official duties against G with heavier punishment.

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