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(영문) 대전지방법원 2018.04.05 2017고단4592

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 7, 2015, the Defendant was sentenced to a suspended sentence of three years for eight months in the Daegu District Court for a violation of the Punishment of Violences, etc. Act (Intimidation, such as a collective deadly weapon), etc.

4. 15. The judgment became final and conclusive, and on December 24, 2015, at the Daegu District Court sentenced a fine of KRW 100,000 to a fine on April 1, 2016, which became final and conclusive on January 1, 2016, the execution of the said suspended sentence was terminated on August 8, 2016. On April 20, 2017, the execution of the said sentence was completed by the Daegu District Court’s vice branch branch, who was sentenced to six months of imprisonment with prison labor for interference with business affairs, and completed the execution of said sentence in the Daejeon District Court on September 18, 2017.

On November 19, 2017, the Defendant: “D” restaurant located in Daejeon-gu Daejeon, Daejeon-gu, upon receiving a report that he would take a sprink, and tried to leave the site by carrying out a defective bath to verify the personal information of the Defendant, while having been sent to the site, the Defendant tried to leave the site. For this purpose, the Defendant asked the front of the Defendant in order to issue a light crime Stick and again ask the personal information of the Defendant in order to stop in front of the Defendant, thereby sprinking him twice, and assaulting the police officers by continuously leaving the sprink Fbucks one time by exposing it.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Each legal statement of witness G and F;

1. Each police statement concerning G and F;

1. A 112-reported case handling list and E district reserve service;

1. Photographs of each damaged police officer;

1. A non-exclusive receipt;

1. Inquiry into criminal history, application of each investigation report (verification of the same criminal history and evidence of confinement, confirmation of criminal suspect's repeated crime and records, invalidation of suspended sentence of a suspect) Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes