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(영문) 대구지방법원 김천지원 2017.09.19 2017고단785
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On May 19, 2017, the Defendant: (a) on the front day of the “C Indoor Packaging” in Gumi-si B around May 23:10, 2017; (b) the victim E (the age of 49) who is a public official of police who belongs to the police station D police box in the Gumi-si Police Station D, et al., al.,

Upon receipt of the report 112, “A male guest”, who is the defendant’s seat, was called up, and the above “a male guest” was taken to return home, who is the defendant’s seat, and the defendant, who was shot up on the floor of the bar, was shot up and flown down to the slope and was shot up safely, and the defendant was in the vicinity of the old Sim, during the patrol vehicle, and was in the vicinity of the old Sim, the defendant was able to take a serious bath for the reason that he was able to recover the victim’s face and head, and was able to take a face with the hand.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of the 112 Reporting Report Case and the maintenance of order, and at the same time, damaged the victim's face face requiring a medical treatment of about a week, and damaged the victim by displaying a warning of 418,000 won at the market price where the victim was worn.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A certificate of payment of medical expenses for income deduction related to identification card, work log, 112 reported case processing, and amount damaged by storm and flood;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing face, fingers, etc., photo, body photo, patrol booms and video booms

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties), Article 257(1) of the Criminal Act (the point of inflicting an injury) and Article 366 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is to prevent the police officer from performing his/her official duties by assaulting a police officer who was accompanied by the patrol vehicle to take a breathe accused under the influence of alcohol.

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