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(영문) 대전지방법원 공주지원 2016.01.22 2015고단337

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant, at around September 23:56, 2015, at the “C” restaurant located in the official city B on September 23:56, 2015, was faced with a 112 report, and was sent to the Defendant, from the background E and slope A belonging to the official police station D branch of the Gongju Police Station, dispatched to the Defendant, the said E’s shoulder and neck as elbow, and continuously, the said E’s shoulder and neck were discarded to the Defendant.

“A” is expressed as “blue, shouldered with a elbow, and the face of A was followed by his head.

After that, around 00:40 on September 9, 2015, the Defendant was arrested as an offender in the act of interfering with the performance of official duties at the D District Parking Site of the Gongju Police Station located in F in the Gongju City, and went on and arrived at the patrol vehicle, and received a demand for getting off the said G from the slope G, etc. belonging to the said district unit. As a result, the Defendant resisted the resistance to the left side of the said G, and added approximately 2 weeks to the victim G (the age of 42) on the front side and the front side of the said A, and added to approximately 2 weeks on the front side and the front side of the said G, which require approximately 43 weeks medical treatment, respectively.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, and investigation of the victims, and at the same time injured the victims G and A.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each written opinion, each of which is opened from the Republic of Korea;

1. A detailed statement of the processing of reported cases;

1. Application of Acts and subordinate statutes to a photograph description;

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

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment between a crime of obstructing the performance of official duties and an injury to each same victim, and each punishment prescribed for the crime of causing serious injury shall be imposed);

1. Selection of imprisonment with prison labor chosen;

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. Article 62(1) of the Criminal Act (the following sentencing is favorable to the accused during the period of suspension of execution).