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(영문) 대전지방법원 서산지원 2013.11.01 2013고단531

공무집행방해등

Text

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

However, the defendant shall be sentenced to the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:50 on July 25, 2013, the Defendant, who was requested to return home from the slope E belonging to the Seosan Police Station Diplomatic Police Station, the victim F (the age of 28) who was under the influence of alcohol at the “Curter” set forth in Seosan-si B, Seosan-si, after receiving a report of 112 that the Defendant avoided the disturbance, and was called the Defendant, “I am out of fri, frib, frib, frib, frib, frib, frib, friend, frib, frib, friend, frib, friend, friend, friend, frib, friend, frib, friend, frib, and frid the victim’s fluor, thereby causing injury to the victim, which is necessary for treatment for about two weeks.

As a result, the defendant interfered with the legitimate execution of duties by police officers on the 112 Report, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The sentencing reasons for Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are to assault and inflict an injury on a police officer in the course of performing public duties, and thus, the nature of the crime is not weak;

However, the execution of imprisonment is suspended by taking into account the following factors: the defendant reflects his mistake in depth, the defendant has no criminal record in addition to the fine, and the defendant's age and details of the crime, and the execution of imprisonment is suspended by taking into account the following factors: Provided, That social service is ordered.

It is so decided as per Disposition for the above reasons.