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(영문) 춘천지방법원 강릉지원 2016.01.29 2015고단1223
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 23, 2015, the Defendant: (a) around 02:30 on March 23, 2015, the Defendant, while under the influence of alcohol at C in front of C, acted within the embankment of about 4 meters of the width of the road, with the Defendant’s wife’s horses, and (b) reported that the Defendant’s wife reported 112; (c) the police box of the police station E police station, which was in receipt of the report, sent the Defendant to the scene immediately.

When the Defendant demanded two police officers, such as the Victim F (42 3) to move to a safe place, the Defendant: “A police officer who was a police officer even though she would have to see why she would have to die, singing, and sing to death, but died of singests.

“The police officers and fire-fighters expressed their desire to move the Defendant to a safe place according to the bank, following the month.

그러던 중 피고인은 갑자기 “ 짭새 새끼들 너희들이 뭔 데 못 뛰어 내리게 해 개새끼들” 이라고 욕설을 하며 피고인의 한쪽 팔을 붙잡고 있던 피해자의 이마와 광대뼈 부위를 머리로 2회 들이받고, 계속하여 현행범 체포하여 순찰차량에 태우려는 피해자의 입술 부위를 이마로 1회 들이받아 피해자에게 약 10일 간의 치료가 필요한 안면 부의 다발성 좌상을 가하였다.

In this regard, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of the 112 reported case, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to police officers and suspects' photographs, records on the handling of reported cases, on-site photographs, diagnostic records, and photographs damaged by police officers;

1. Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

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 (i.e., the fact that the suspension of execution is against the law and there is no criminal conviction or heavier than the suspension of execution, and the deposited one).

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