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(영문) 대전지방법원 2014.06.18 2014고단1150

공무집행방해등

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 6, 2014, the Defendant engaged in obstruction of performance of official duties: (a) around 00:35, the Defendant: (b) at the D cafeteria located in Daejeon Jung-gu, Daejeon; (c) on the place where the said cafeteria and alcohol are wraped by a F, an owner of the said cafeteria, who received 112 reports from F, and called the said F, changed tobacco to the said F; (d) obstructed the principal visit; and (e) intending to take a F by blocking the said conduct; and (e) assaulted the H’s left right direction by a person who received the said conduct from the said H once.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reports and maintenance of order by police officers.

2. The Defendant, at the time and place of the foregoing paragraph 1 above, insultingd the victims by openly insulting the victims by referring to the victim F, a restaurant operator, such as the Defendant, who was informed of the victim H and the circumstances belonging to the Daejeon District Police Station G District G District of the Daejeon District, and the victim I, who was under his control by the victim I, such as the J, and the restaurant operator, from the time when the victim was heard, “I talking with the victim by repeatedly doing so,” who was arrested as a flagrant offender under suspicion of the above paragraph 1, and was arrested in the G District and brought in the G District by five to six police officers, such as E and K, and was detained by the victim I, “I by openly huming a large voice.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of H and E;

1. A complaint filed by H and I, and I's self-statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (in relation to insult);

1. Relevant Article 136 (1) of the Criminal Act for the crime (the point of obstructing performance of official duties, the choice of imprisonment), and Article 311 of the Criminal Act for each of the crimes (the point of insult and the choice of each imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. While there are several kinds of records of punishment for the crime of violence in the reason of sentencing under Article 62(1) of the Criminal Act, it is against the law and the degree of violence.