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(영문) 대전지방법원 2017.05.31 2017고단1008
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On February 25, 2017, the Defendant: (a) committed an assault on the ground that a policeman called up upon receiving a report from 112 and asked the personal information of the Defendant, on the ground that, at a D restaurant located in Seo-gu Daejeon, Daejeon, Daejeon, “ female customers fright to walk the fright under the influence of alcohol”; and (b) the Defendant frighted the E’s buckbucks in three times on the ground that he was asked about the personal information of the Defendant.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on the handling of 112 reported duties.

2. On February 25, 2017, the Defendant, who damaged public documents, was arrested as a flagrant offender who interfered with the performance of official duties at the Daejeon Seo-gu Daejeon Police Station G District District on Daejeon, Daejeon, Daejeon, Daejeon, with his/her signature on the “written confirmation of the suspect of arrest and detention” and “written confirmation” presented by the slopeH, and teared.

Accordingly, the defendant damaged public documents.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of I;

1. A damaged photograph;

1. Application of Acts and subordinate statutes to teared documents;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of impairing documents for official use) 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The fact that a police officer in the course of performing official duties assaults a police officer, and circumstances favorable to the fact that the quality of the crime is not good for the case that damages the official documents: A confession and reflects, and the fact that a person has no record of crime other than a fine due to drinking driving, etc.;

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