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(영문) 대전지방법원 천안지원 2013.08.12 2013고단773
상해등
Text

A defendant shall be punished by imprisonment for one year.

However, 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 June 7, 2013, on the part of 23:25, the Defendant: (a) obstructed the performance of official duties; (b) obstructed the Defendant, who was called “a person under influence of alcohol” at the C parking lot located in the Gangnam-gu, Chungcheongnam-gu, Chungcheongnam-gu; and (c) obstructed the Defendant who was called up at the site by the victim E, who was a police box affiliated with the Dob Police Station of the Yannam-dong Police Station called up at the site, and tried to board the patrol vehicle under the influence of drinking the Defendant; (d) he sawd the victim’s scam at around five times by drinking and walked the victim’s bridge at approximately five times by walking the victim’s scam and walking the victim’s scambed hand, and continuously scling the victim’s s his flab, who was on the part of the police for non-police use, and committed assault, such as breaking the boom.

As a result, the defendant interfered with the police officer's crime prevention and maintenance of public peace and order, and at the same time, the defendant inflicted injury on the right side, the right side, the right side, and the right side salt that require treatment for about two weeks.

2. 공무집행방해 피고인은 2013. 6. 8. 00:15경 천안시 동남구 F에 있는 D파출소에서 제1항 기재와 같은 행위로 체포되어 수갑을 착용한 채 “수갑을 풀어라, 새끼야, 칼로 담가 버리겠다, 죽여버리겠다”라고 큰소리로 욕설하며 소란을 피우던 중, 갑자기 일어나 피고인의 보호자에게 사건 경위를 설명하던 위 파출소 소속 경위 G의 가슴을 발로 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and G;

1. Application of the law of replys

1. Article 136 (1) of the Criminal Act and Article 257 (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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act (hereinafter “Suspension of Execution”) 1.

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