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(영문) 대전지방법원 2017.09.28 2017고단2924
공무집행방해
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

On July 5, 2017, the Defendant was under the influence of alcohol in front of Seo-gu Daejeon, Seo-gu, Daejeon on July 5, 2017, and there was a defect in order to check a mobile phone with the Defendant called up to the site after receiving a report from 112 police officers, a police officer of the 112 patrol who belongs to the C District, and one other, who is a police officer of the C District, who was on duty of the 112 patrol and called up to the site, shoulder the Defendant, satis, and sat

A. “A police officer,” refers to a large volume of a police officer, and the victim was assaulted by the victim, such as once, once, at the right shoulder part of the victim’s back water, once, and flabbing the balle of the police officer, by flabing the bals of the above police officer, by drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting on the arrest of the case;

1. A report on investigation;

1. Investigation reports (verification of the progress of damage inflicted by a victimized police officer);

1. A copy of the work log;

1. 112 Notification to a department related to the report of the case;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 of the Criminal Act), such as the fact that the defendant is the time of and against the crime of this case, the fact that the defendant appears to have committed the crime of this case by force, and the fact that the defendant deposited a certain amount of money for the victimized police officers, etc.) is favorable to the defendant;

The following can be seen: (a) the Defendant did not agree with the victimized police officer; (b) the victimized police officer wanted to punish the Defendant; and (c) the Defendant was punished for a double-class crime; and (d) the Defendant was punished several times, under the circumstances unfavorable to the Defendant; and (b) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (c) the circumstances before and after the crime.

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