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(영문) 대전지방법원 천안지원 2018.01.12 2017고단1695
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 15, 2017, the Defendant: (a) around 19:40 on July 15, 2017, when the Defendant demanded the Defendant to pay the salary during drinking together with D, E, the victimized person who employed him within the “C cafeteria” located in Asan City, D, and E, the Defendant assaulted the Defendant that the victim D said her her her her her her her her her her her her her her her her her her her her her her her her her her her her her herst her

After that, the defendant was faced with the victim D, and the victim E who was next to the victim E was prevented from doing so, and the victim E was abused seven times by drinking the victim E face.

2. The Defendant obstructed the performance of official duties at the time and place specified in the above 1. Paragraph 1., and at the same time and place, and as F, a police official, who was a police officer, dispatched to the site upon receiving a report on the above assault, uses “maribing under drinking,” the Defendant expressed a bath to “Choe feb,” “A,” and added the above F’s chest to the f’s chest, to the tear, and to the f’s clothes, and to the f’s brea.

After that, the defendant was arrested as the current offender of the crime of interference with the performance of official duties and was brought to the G area, and the above F et al. was decided one time on his left side with the patrol vehicle in the course of getting into the G area.

Accordingly, the Defendant, who is a police official, obstructed the legitimate execution of duties concerning the handling of reported case by F. F.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each written statement of D, H and E;

1. Application of the photographic Acts and subordinate statutes;

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 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Two crimes with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act (Interference with the performance of official duties) / [the scope of recommending punishment / [the scope of recommending punishment ] 1 types of crimes (Interference with the performance of official duties / coercion of duties / From June to June) in the basic area (special sentencing factors / [the scope of recommended punishment ] / [the scope of violence].

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