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(영문) 대전지방법원 2017.11.21 2017고단3469

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Whether the Defendant, who interfered with the performance of official duties on August 1, 2017, was assigned to D without good cause to inquire of D about his personal information from D, who was placed in his/her seat seat at the police station C, a police station located in Daejeon, the Daejeon-gu, Daejeon-gu, Daejeon-ro 138, and having dealt with the 112 reported case on August 1, 2015.

“In doing so, D had D’s face at one time by double hand interfered with the legitimate execution of duties of police officers in relation to criminal investigations.”

2. The Defendant damaged public goods at the above time, at the above place, and was arrested as a flagrant offender and on the Ethical patrol 24, and was traveling to the earth, and was able to take a bath with a large sound within the patrol vehicle, and caused damage to goods used by public offices by breaking the chief safety partitions of the steering string in two times by walking the string.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of the video Acts and subordinate statutes of black stuff photographs;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment for each crime;

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. Consideration of Article 62(1) of the Criminal Act: (a) reflects the reason for sentencing; (b) degree of exercising force against police officers; (c) deposit of KRW 500,000 against the Republic of Korea; and (d) there was no record of punishment after being sentenced to a fine for the same type of crime in 2005