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(영문) 대전지방법원 서산지원 2016.05.12 2016고단153

공무집행방해등

Text

1. The punishment of the defendant shall be eight months;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On February 15, 2016, the Defendant: (a) sought to escape from a defect in order to verify the identity of B (27 years old) a police officer belonging to the Chungcheongnam-do National Police Agency, Chungcheongnam-do Police Agency (hereinafter referred to as the “B”) who was called out after receiving a report that a traffic accident occurred in front of the plaza No. 147, Seodo-ro 147, Seodo-ro, Seosan-si, 147 on February 15, 2016; (b) led the victim’s face at one time, leading the victim at one time, and obstructed the police officer’s traffic control, the prevention of danger and traffic danger, the maintenance of public peace and order, and at the same time interfere with the victim’s legitimate performance of duties, and at the same time, took an open top of the bar b) that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Place of work, and the certificate of public official;

1. Application of Acts and subordinate statutes to relevant photographs and opinions;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act (the point of harm);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant recognized his mistake and reflects his depth, has no previous conviction in excess of a fine, has been seen as a contingent crime, deposit of KRW 50,000 for the victim, and that Party B