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(영문) 전주지방법원 2017.02.24 2016고단1973
공무집행방해
Text

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

Reasons

Punishment of the crime

On September 2, 2016, at around 23:00, the Defendant 1: (a) took fighting with the Defendant’s wife F, who drinks with other male and drinking in the E cafeteria located outside of the Seoul Special Metropolitan City, on September 2, 2016; (b) took a fighting at around 23:51 on September 2, 2016, the Defendant: (c) taken a 112 report to the police officer who belongs to the G (30 years old), removed the above F and the Defendant; (d) took care of the 10th floor of the G police station to remove the 30th floor of the above Hamb, “F and the Defendant from the 30th floor of the G police station; (e) took care of the 1st Hambbbus; (e) took care of the 2nder’s son’s fright to use the 6th floor of the above Hambus; and (e) took care of the Hak’s f.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Statement made by the police with H;

1. Written statements from J and D;

1. A report on internal investigation:

1. Each investigation report (related to the time and time of the arrest of a flagrant offender, specifying the time of offense, and making an error in arrest hours);

1. Application of the statutes governing the settlement of reported cases 112;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Determination as to the assertion by the defendant and his/her defense counsel under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes

1. Defendant and his defense counsel’s assertion

A. The Defendant assaulted a police officer H at a restaurant on September 2, 2016. However, at the time, the Defendant met and did not recognize that H was a police official.

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