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(영문) 대전지방법원 서산지원 2017.10.12 2017고단551

공무집행방해

Text

1. The punishment of the defendant shall be determined by six 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 April 23, 2017, the Defendant received 112 reports in front of the 'D' restaurant located in Jin-si, Jin-si, the Defendant, at around 22:10 on April 23, 2017, on the street, that the Defendant threatens E, who is a woman living together, and was dispatched to the site, and was removed from G, who was called to the site, to the police officer belonging to the F District of the Jin-si Police Station, and whether the agely gue is a visit to the remaining family officer;

A police officer's legitimate execution of duties concerning the handling of reported cases was interfered with by keeping the body of the above G above G on the part of the ship, and assaulting the above G G on the part of the hand, etc. with the hand of the ship.

Summary of Evidence

1. Each legal statement of witness G and H;

1. A copy of the 112 reported case handling list; and

1. On-site photographs (the defense counsel and the defendant may believe each legal statement of the above witnesses when comprehensively considering the reasonableness of the content of testimony, the witness’s attitude of testimony, the interests in the witness’s case, the relationship with the defendant, etc., as the testimony of the defense counsel and the witness G and H are mutually consistent and consistent with the facts charged.

Witness

Since E does not witness the whole process of the case, E cannot reject the credibility of each of the above witnesses' statements only with the witness E's legal statement.

Defense Counsel and Defendant’s argument shall not be accepted

Application of Statutes

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense, Article 136 (1) of the Criminal Act concerning the selection of punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] The basic area (from June to January 1, 200) of Article 62(1) of the Act on the Suspension of Execution of Official Duties (the decision of sentence] / The crime of this case was committed by assaulting a police officer in the course of performing official duties. However, the defendant's age, sex, environment, background, means and consequence of the crime, etc. are to be taken by taking into account all the sentencing conditions, such as the defendant's age, sex, environment, circumstances of the crime, means and result, etc., and the sentence as set forth in the Disposition.