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(영문) 대전지방법원 천안지원 2018.10.29 2018고단2228
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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 September 5, 2018, around 23:30 on September 23:30, 2018, the Defendant: (a) the victim, who was under the influence of alcohol in the vicinity of the packing pentel operated by the victim D (the age of 57) in Asan-si; and (b) whether the victim, who was the horse, found the victim to be in the influence of alcohol.

Baging, “Is down the death,” and around 30 minutes, I am tined in the top-down car in which I am well in the old day.

It interfered with the victim's main business by force, which reads "Chewing," and thereby interfered with the victim's main business.

2. In relation to interference with the performance of official duties and assaulting the Defendant on September 6, 2018, at around 02:00, the fact that the public prosecution was revoked ex officio due to circumstances to the extent that it does not harm the Defendant’s right of defense, with respect to the assaulting the work on the street in front of the F convenience point located in Asan-si E at Asan-si.

"Absents who were assaulted, females who were sent to 112 after receiving a report," means a bath even if requested to present an identification card from the victim I (son, 38 years old) who was the head of the Sinsan Police Station H District of the Asan Police Station, and when he was arrested as a current offender of the crime of assault because he/she failed to disclose his/her status, he/she was arrested as a criminal of the crime of assault, and he/she was charged to the back of the patrol car, and "I will Chewing,"

“On the other hand, the victim suffered injury, such as the softening of the baby who is in need of approximately one week medical treatment, by walking the sect of the above victim once.

As a result, the defendant interfered with the legitimate execution of duties of police officers regarding arrest of flagrant offenders, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or I;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 257(1) of the Criminal Act (the point of harm), Article 314(1) of the Criminal Act (the point of interfering with duties) of the Criminal Act, and the choice of imprisonment for each type of crime;

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

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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