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(영문) 대전지방법원 2015.01.27 2014고단3937
공무집행방해등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

On September 16, 2014, around 01:25, the Defendant: (a) committed an assault by a police official belonging to the Daejeon Police Station E-districted the shoulder of the Victim F (Nam, 34 years old), who was a police official belonging to the Daejeon Police Station E-districted and dispatched after receiving a report of 112 on the disturbance before the main point of “D” located in Seo-gu Daejeon, Seo-gu, Daejeon; and (b) obstructed a police official from performing his duties

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. The portion dismissing the prosecution in consideration of the reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation], obstruction of performance of official duties (type 1), mitigation area, imprisonment with prison labor for 5 months from January to August (decision of sentence], one time to suspend the execution of 2 years of imprisonment (2007), one time to suspend the execution of 2 years of imprisonment (207), one time to impose a fine concerning violence, one time to suspend the execution of 2 years of imprisonment, one time to impose a fine concerning violence, one time to recover damage, two times to make minor assault, endeavor to recover damage, one time to impose a fine for injury police officer's punishment,

1. The summary of the facts charged is that the victim G, a police official belonging to the Daejeon Police Station E-districted in the Daejeon Police Station, recommended him/her to return home at the time and place indicated on the facts charged, and the Defendant publicly insulting the victim by openly insulting him/her, such as “Ye chrop flap”, among those around H and others.

2. Determination is an offense falling under Article 311 of the Criminal Act subject to a complaint subject to prosecution under Article 312(1) of the Criminal Act. Since G, a recorded accusation, expressed his/her intent to revoke the complaint against the Defendant on January 15, 2015, the date of the instant indictment, this part of the indictment is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.

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