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(영문) 대전지방법원 2016.06.15 2016고단1200
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On February 13, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Southern District Court on February 13, 2015 and completed the execution of the sentence at the Daejeon Prison on October 26, 2015.

[2] On April 20, 2016, at around 21:10 on April 20, 2016, the Defendant: (a) obstructed the legitimate execution of duties of the victim, who is a police official, by assaulting the victim’s face; (b) obstructed the victim’s legitimate execution of duties as to the prevention of crime; and (c) at the same time interfere with the victim’s legitimate performance of duties as to the victim’s crime, by assaulting the victim, who is a police official, in the process of going back to and going back to the said district unit, and continuing to go back by going back to and going back to the Defendant’s living together; (d) the victim F (51) who is a police official, was able to escape from the said district unit; and (e) harming the victim’s fright, failing to fright, on the face of the 14-day unit, and damaged the victim’s fright on the face.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A photograph of damaged part of the victim F, CCTV photograph, and CCTV image photograph;

1. Investigation Report - Investigation into attachment of a certificate of injury;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes to the results of investigations;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious injury);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general injury is minor injury in the basic area (from April to one year and six months) (special mitigation (special mitigation) / interfering with the performance of public duties) of the category 1 (general injury in general);

2. The defendant's decision of sentencing recognizes and reflects his fault, and deposit KRW 2.5 million with the damaged police officers in favor of him.

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