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(영문) 춘천지방법원 영월지원 2014.09.12 2014고단246
공무집행방해등
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 March 29, 2014, the obstruction of performance of official duties and the Defendant injured the Defendant: (a) at the Taecheon Police Station C District located in Taecheon-si B, Taecheon-si, Taecheon-si on March 29, 2014, after receiving a report from 112 stating that he did not drink alcohol at an entertainment drinking house and did not pay the purchase price, and (b) the police officer D (36 years old) affiliated with the said C District arrested the Defendant as a flagrant offender suspected of fraud, and took the Defendant into the C District, the police officer of the said C District arrested the Defendant as a flagrant offender and took the Defendant into custody of the C District, but continuously salves in the earth, salves, and fasten the Defendant’s right hand hand hand and fasten the Defendant’s personal information to carry out the instant treatment; and (c) on the part of the Defendant, the Defendant took the Defendant’s walk to check the Defendant’s body and walked the victim’s walk.

Accordingly, the defendant assaulted the police officer who performs his duties, thereby obstructing the police officer's legitimate performance of official duties, and inflicting an injury on the police officer.

2. At around 02:32 on the same day, the Defendant damaged things used by a public office by assaulting a police officer as above at the above location, and by a police officer who flashed a booming the Defendant’s hand, putting the leg of a wooden tabler in front of the flag’s will, in his/her hand, cut off the leg of the wooden tabler in front of the flag’s will, thereby damaging the 200,000 won of the market value of the flag.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs);

1. Article 136 (1) of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, and Article 141 (1) of the Criminal Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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