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(영문) 대전지방법원 논산지원 2015.04.10 2014고단468

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

1. Around 15:00 on September 18, 2014, the Defendant interfered with business, without any reason, obstructed the victim’s business by force by avoiding disturbance, such as raising a disturbance to other customers, who have been satisfed, while having been accommodated in the EMoel 602 with the radio 6th 602, operated by the victim D in Seosan-si, Seosan-si, without any reason.

2. On September 18, 2014, around 15:45, the victim G (the age of 42) who is a police officer belonging to the Fel Team, dispatched upon receiving a report from the above Eel, asked the Defendant to ask the Defendant’s personal information, and the Defendant expressed that “poner must see to her head, she must do so, and she must do so.” On one occasion the victim’s face was taken at one time.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the investigation of crimes, and at the same time, the Defendant inflicted injury on the victim, such as grhuming and grhuming around snow that require treatment for about two weeks.

3. On September 18, 2014, around 19:10, the Defendant damaged public goods, the Defendant was arrested as flagrant offenders at the Seosan Police Station located in Seosan-si, Seosan-si, Seosan-si and was admitted to the detention room, and the Defendant destroyed one locking device and damaged the use of goods used by public offices so that the Defendant can walk the entrance door of the detention room, which is a locking device, several times, and the repair cost equivalent to KRW 70,00,000,000, on the ground that it would be bad.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. The police statement of G, D, and H;

1. Application of damaged photographs, diagnostic certificates, field photographs, and Acts and subordinate statutes on receipts;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts, Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 141 (1) of the Criminal Act concerning the criminal facts;

2. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crimes of obstruction of the performance of official duties and the crimes of injury, and punishment imposed on the crimes of serious injury)

3. Selection of sentence of alternative imprisonment;

4. The Criminal Act among concurrent crimes.