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(영문) 대전지방법원 2014.01.03 2013고단3929
공무집행방해등
Text

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

except that 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 September 26, 2013, around 08:30 on September 26, 2013, the Defendant obstructed the victim’s restaurant business by force for about 1 hour and 30 minutes, including, but not limited to, the Defendant’s drinking on the ground that the Defendant was under the influence of alcohol. However, the Defendant obstructed the victim’s restaurant business by force for about 1 hour and 30 minutes, including, but not limited to, the Defendant’s drinking on the ground that he was under the influence of alcohol.

2. The obstruction of performance of official duties and the Defendant: (a) committed an act of interference with the same duties as described in paragraph (1) above; (b) arrested the victim F from a slope F belonging to the Daejeon Police Station E District Unit of the Daejeon Police Station, who was called upon upon receiving a report, as an flagrant offender; and (c) committed an act of interference with the said E district around 10:30 on the same day, the said F sent the victim F with the sound that “I would have arrested why he would not have any error; and (d) the chief of police station would have been frien; and (e) he sent the relevant F with one hand hand the front part of the said F, thereby interfering with the police officer’s legitimate execution of duties concerning the arrest of the flagrant offender, and at the same time, the victim F was in charge of the right-hand supervision, which

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared by the police officer statement C;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article applicable to criminal facts;

(a) Interference with business: Article 314(1) of the Criminal Act;

(b) Obstruction of performance of official duties: Article 136(1) of the Criminal Act.

(c) Injury: Article 257 (1) of the Criminal Act;

1. Selection of each sentence of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act (the crimes of obstruction of the performance of official duties and the crimes of bodily injury, and the punishment heavier than the crimes of bodily injury)

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has committed a mistake in the sentencing of the criminal law, and the defendant has no other criminal record except for the criminal record of a fine several times, and the same has been committed.

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