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(영문) 대전지방법원 2018.02.01 2017고단4312
상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 19, 2017, the Defendant: (a) around 05:40 on August 19, 2017, at the “E” restaurant where the victim D, who was on the first floor of the Seo-gu Daejeon Seo-gu Seoul building, works as an employee; and (b) during drinking, the Defendant: (c) the other customers who were seated around the Gap himself.

The spits, spits, etc. spit on the floor while taking a large bath, which interfered with the victim's restaurant business for about 30 minutes by force.

2. The Defendant confirmed the identity of the Defendant of the Victim G (25 Ba) who is a policeman belonging to the Busan Police Station F District of the Daejeon Police Station, which was located in the field after receiving a report on the 112 report, at the same time and place as paragraph (1) of this Article. The Defendant spited the said police officer with the booming of the brush, stating “I ambi” as “I ambi, I amba ambi” by taking the victim’s 112 hand, and interfered with a police officer’s legitimate performance of duties concerning the handling of the report in the case at the same time and at the same time, the Defendant interfered with a police officer’s 112-day custody of the victim’s left her, and carried out a part

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of D and H;

1. A written diagnosis of injury;

1. Application of the statutes governing the image photographs of the victimized police officer, the victim police officer's assault photographs, on-site photographs, video CDs, CCTV image data, and video photographs;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and Article 257(1) of the Criminal Act (the point of interference with business) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Sentencing 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Scope of Punishment / [Obstruction of Execution of Official Duties] (Obstruction of Performance of Official Duties) are the primary areas (six months to one year and six months) of Article 1 (Obstruction of Performance of Official Duties) (Special Sentencing) [the scope of the recommended punishment] of Article 2 Crimes (Obstruction of Duties] (Interference with Duties] of the basic areas (six months to one year and six months) (Special Sentencing) (No person in charge of Special Sentencing).

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