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(영문) 대전지방법원 2017.05.24 2017고단981

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special assault: (a) around February 21, 2017, the Defendant: (b) committed assault by the victim D (at the age of 53) on the Daejeon Tae-gu Daejeon-gu Daejeon-C4 leveled “Esing shop” (hereinafter “Esing shop”); (c) the Defendant heard the horses that the victim would suffer from the damage by wrapping while drinking and drinking alcohol; and (d) the clicker, which is a dangerous object, was broken by breaking the clicker to the table; and (c) the Defendant blicked the clicker with the said clicker in the same manner as the clicker was flicked; and (d) the clicker was flick with the victim’s side by spreading the clicker.

Accordingly, the defendant possessed dangerous objects and assaulted the victim.

2. On the same day as the above Paragraph 1 above, the Defendant was at the same place as the above Paragraph 1 above, and at the same time at around 21:35, the Defendant: (a) reported and sent by 112, 112, the police officer, who was the police officer (46 years old), who called the Defendant, “if he knows that he was fluoring, he would be fluent and fluoring, so it would be necessary that he would have a fluorous and fluoring fluor.

“The Defendant served the Defendant, and as a result, assaulted the part of the Victim’s distribution once.

As a result, the defendant interfered with the legitimate execution of duties concerning the dispatch duty of a police officer 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Article 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: Determination of a sentence that leads to an agreement with the victim as follows: (a) a person who is in a dangerous object, who assaults the victim and uses violence against the police officer in the course of the performance of official duties; (b) a person is led to confession and reflect; and (c) a person who is in an agreement with the victim D.