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(영문) 대전지방법원 2018.03.05 2017고단4637

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. The Defendant’s insult: (a) around October 6, 2017, in the Dong-gu Daejeon City, Daejeon; (b) around 18:50, and (c) on the ground that the victim D, the police officer called out after having received 112 reports on the case of assault, and the victim E demands the confirmation of identity of the Defendant; and (c) on the ground that the victim E demands the identity of the Defendant, six to seven persons who committed the act, the said victims shall be subject

Democratic police officers have expressed their desire to "the horns of rhinoceros" and, on the same day, there are 6 to 7 persons who walked in the framework of the F market in the Dong-gu Daejeon Special Metropolitan City on the same day, 19:20.

”, “ 싸가지 없는 놈”, “ 등신 같은 새끼야”, “ 썅 놈” 이라고 욕설을 하였다.

Accordingly, the Defendant publicly insultingd the victim D and the victim E.

2. On October 6, 2017, at the new bank parking lot located in Daejeon-dong, Daejeon-dong, Daejeon-dong, 51-12 around 18:50, the Defendant: (a) sought to ask the Defendant about his personal information; (b) the police officer belonging to the Daejeon District Police Agency of the Daejeon District Police Agency, who heard the Defendant’s statement that he suffered assault from the Defendant; (c) 4,5 times flapsing the above E’s work clothes, flapsing the Defendant, and 4,5 times flapsing, and 5 times flapsing, upon E’s demand to verify his personal information.

Accordingly, the defendant assaulted E who is a police official, and interfered with legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of G and I;

1. Application of Acts and subordinate statutes to the petition of complaint and arrest and reporting of cases;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment], and interference with the performance of official duties, the basic area (from June to one year and six months) (the decision of sentence] is erroneous.