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(영문) 대전지방법원 2015.03.12 2014고단4299
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 10, 2014, the Defendant was prevented from committing obstruction of performance of official duties on the ground that the Defendant was frighted at the E main points operated by Daejeon, D, and reported 112 on the ground that the Defendant was frighted, and the Defendant was forced from G in the background leading up to the F District of the Daejeon Western Police Station, Daejeon, which was called for, to go against D or H, who was the reporter.

Accordingly, the Defendant: (a) stated that “this franch ought to be observed; (b)” in the above G, and assaulted G with the Defendant’s hand in order to restrain the Defendant’s conduct; (c) twice the Defendant’s hand in order to restrain the Defendant’s conduct; and (d) the Defendant franched G about five times the way in which the franch was emitted to G.

Accordingly, the defendant interfered with legitimate execution of duties such as handling 112 reports by police officers and crime prevention, suppression, etc.

2. Around 01:50 on December 10, 2014, the Defendant damaged public goods, as described in paragraph (1), was arrested from the above G to a flagrant offender committing an act in the obstruction of performance of official duties, and was on board the 112 patrol police station at the back seat of the 112 patrol police station and moved to the F Zone of the Daejeon Western Police Station.

The Defendant, while moving as above, destroyed the repair cost equivalent to approximately KRW 27,500 at the market price by affixing approximately 30 back glass windows of the patrol vehicle, which is a public object, by taking the Defendant’s hand on the hand.

Accordingly, the defendant damaged public goods and harmed their utility.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements or statements of G, D, and H;

1. Application of Acts and subordinate statutes to a report on investigation (investigation into Damage, Estimate, etc.);

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141(1) of the Criminal Act, the choice of imprisonment for the crime;

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

1. The fact that the sentence of Article 62(1) of the Criminal Act is imposed upon a police officer who has suffered damage for the reason of the suspended sentence, the defendant's depth is against the defendant, the degree of damage is relatively minor, and the motive and circumstances leading to the crime are as follows.

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