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(영문) 대전지방법원 천안지원 2017.10.20 2017고단1572
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On July 1, 2017, the Defendant was under the influence of alcohol in the second floor corridor of building B located in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, Seocheon-gu, 112, and was under the protection by D, and waiting for the guardian of the Defendant, the Defendant was waiting for the guardian of the Defendant. On the same day, the Defendant entered a restaurant at around 18:40 of the same day, without any justifiable reason, on the front side of the same e-ro of the Gu.

appropriate means to avoid any disturbance, and to restrain any disturbance;

D "Flags, spacks, and spacks."

In doing so, “D’s neck was pushed by hand, walked with a sweak, walked with a sweak, drinking, and ask D’s chest part, and inflict an injury on D, such as an open sweak part of the chest that requires approximately two weeks of treatment.

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases, and inflicted injury on D at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Sentencing is a commercial concurrent crime, and thus the sentencing criteria do not apply;

There may be room to see, however, there is a special aggravation factor of the sentencing guidelines for the crime of injury, and therefore, the sentencing guidelines for the crime of injury should be referred to.

[Scope of Recommendation] In the case of interference with the execution of official duties in the aggravated area (six months to two years) (special aggravated persons) of Category 1 (General Bodily Injury).

2. The Defendant, who was sentenced to sentence, committed violence against the police officer in uniform.

This act not only interferes with the police officer's duty to maintain the order, but also promotes the light of legal order and public authority.

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