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(영문) 대전지방법원 2016.09.29 2016고단1787

공무집행방해등

Text

1. The defendant shall be punished by imprisonment with prison labor for 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 June 5, 2016, at around 02:00, the Defendant: (a) reported that the victim E (25 years old) who was the ship of D’s school that was the first place in the process of gathering female-friendly D directors at D’s house located in Seo-gu Daejeon-gu Daejeon as of June 5, 2016, the Defendant damaged the victim’s cell phone 6 mobile phone at the bottom of the victim’s market price of KRW 300,000 on the ground that the victim was able to report to the police; and (b) caused the damage of the victim’s cell phone of KRW 1,00,000 on the ground that the victim was able to report to the police.

2. The Defendant interfered with the performance of official duties, injured the Defendant, at the same time and place as in the preceding paragraph, and at the same time and place as in the preceding paragraph, and obstructed the police officer’s legitimate performance of duties in relation to the reporting processing of report by the police officer at the same time and at the same time, when the Victim G, who was a policeman belonging to the F District of the Daejeon Seo-gu Police Station, proposed the Defendant to assault D, kneeed the Defendant, knee, knee, knee, knee, knee, knee, knee, knee, thereby causing injury

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G, E, and D;

1. Written statements of D;

1. Reporting on the arrest of the case;

1. A report on investigation;

1. An injury diagnosis certificate (G);

1. Written estimate (H);

1. Application of the photographic Acts and subordinate statutes;

1. Each Article 366 of the relevant Act on the facts constituting an offense, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act (the point of inflicting an injury);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Obstruction of and Bodily Injury to the Execution of Official Duties);

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, the order to provide community service and attend lectures, is that the defendant is aware of and against the crime of this case, the degree of assault is not severe, and the amount of damage is not significant, and the degree of injury is not excessive.