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(영문) 대전지방법원 2017.03.08 2016고단4216

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 6, 2016, at the Defendant’s residence located in Sejong C202 around 01:25 on October 6, 2016, the victim, while drinking together with D, who first served in a singing room to the Defendant’s house, while drinking together with D, who served in a singing room to the Defendant’s house.

As the phrase “,” the two descendants laid down the victim’s arms, she was placed on the part of the victim, she was unable to get off the victim’s arms on one hand, and the other hand prevents the victim from leaving the victim’s arms on the part of the victim, such as putting the victim’s neck, and preventing the victim from leaving the victim’s arms on the part of the victim for about 30 minutes.

2. On October 6, 2016, the Defendant: (a) confirmed the details of the report; (b) confirmed the Defendant’s residence and personal information; and (c) carried the said D onto another patrol unit and carried it to the police box; and (d) carried the said police officer on the back of the patrol unit; and (c) carried it to the instant police officer on October 6, 2016, at the parking lot for the Class G SP police station E box, the Defendant: (a) instructed the police officer who recommended him to return home at the time and at the time and place specified in paragraph (1) of the said D; (b) instructed the police officer to take a bath, such as “this sprink and garbage sprink; and (c) received a request from the police officer assigned to the said E box to take a bath; and (d) brought him to the said police officer to interfere with the performance of his duties.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of H and I;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Article 276(1) of the Criminal Act (the point of detention) and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.