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(영문) 대전지방법원 2017.08.24 2017고단2254

공무집행방해

Text

A defendant shall be punished by imprisonment for 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

At around 12:50 on May 21, 2017, the Defendant: (a) asked the personal information of the Defendant in the process of confirming the situation of the instant case, which is a police officer belonging to the Daejeon Police Station, who was under the influence of alcohol in the street near Seo-gu, Daejeon, Seo-gu, Daejeon; (b) asked him about the personal information of the Defendant; and (c) “A person who was under the influence of his mother, who was under the influence of alcohol, was under the influence of alcohol and was under the influence of liquor twice,” and “a person who was under the influence of his mother, who was under the influence of his mother, was under the influence of his mother, and was under the influence of the police officer two times, thereby hindering the legitimate performance of public duties pertaining to police officers’ duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written statement of D and E;

1. Reporting on the arrest of the case;

1. A report on investigation;

1. 112 Report sheet and place of service;

1. Application of statutes, such as site photographs;

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

1. Article 62(1) of the Act on the Suspension of Execution (the term "the defendant has the intention to commit the crime of this case", the defendant appears to have committed the crime of this case in a state of detention, the defendant deposited a certain amount of money (1 million won) for the victimized police officer, the criminal records exceeding the fine are favorable to the defendant, and the defendant's assaulting the police officer to perform official duties by putting in uniform is deemed to interfere with official duties to be strictly executed, and the nature of the crime is deemed to be of heavy responsibility due to its poor nature;

It can be seen that the defendant did not agree with the victimized police officer, that the victimized police officer wanted to punish the defendant, and that the defendant has been punished for the same and a different kind of crime, etc., the criminal law is shown in the process of the records of this case and the trial, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances before and after the crime.