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(영문) 대전지방법원 2018.08.22 2018고단1969
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On April 12, 2018, at C main points located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) around 00:40 on April 12, 2018, the Defendant: (a) sought a statement from the Defendant, who was a public official of the police officer belonging to the D District Police Station, who was dispatched after receiving a report of 112 that the Defendant interfered with his/her business without calculating the price; (b) sought a statement to calculate the drinking value and return home from the slope E, who was a public official of the police officer belonging to the D District Police Station of Gwangjin-gu Seoul Special Metropolitan City, who was sent to him/her with the said slope; and (c)

Accordingly, the above F exceeded the floor to arrest the defendant as the current offender and felping the defendant's arms, the above slope E, the defendant's body was 3 to 4 times by drinking the above F, and the above E's s and fingers were assaulted to s and fingers.

Accordingly, the defendant interfered with the police officer's legitimate execution of duties concerning 112 reporting and arrest of flagrant offenders.

2. After the Defendant was arrested as a flagrant offender on April 12, 2018 by around 01:05, around 01:05, the Defendant destroyed public goods equivalent to 300,000 won at the market price used by public offices, after being arrested as a flagrant offender, in D District G located in Gwangjin-gu Seoul Special Metropolitan City, he was seated with the lock door, which is a building of the above earth unit, where he was a public goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Each statement of H and I;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 136 of the Criminal Act, Articles 136(1) (the point of obstructing the performance of official duties) and 141(1) (the point of damaging goods for public use) of the Criminal Act, and the choice of imprisonment for each crime;

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

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

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the following circumstances and the Defendant’s age, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the instant pleadings.

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