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(영문) 대전지방법원 2017.10.19 2017고단2514
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 10, 2017, the Defendant reported 112 in front of C in Sejong-si, on the following: (a) on June 10, 2017, the Defendant reported 112 to the effect that he drinked with D and alcohol, “satisfy, wurf,” and called the Defendant, and (b) reported 112 that D was subject to assault against the Defendant after approximately 30 seconds.

Defendant 1 took the her mother and her mother on the floor, who was requested to present identification card to verify the personal information from the above F, and she took the her bath to read “Crop fe fe fe fe fe fe fe fe fe fe fe fe fe fe f f f f f f f f f f f f f f f f fe f f f f f f fe f f f f fe f

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to report on the place of work, the list of cases to be reported, on-site photographs, and each investigation report;

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 on the suspended execution;

1. The defendant and his defense counsel made judgment on the assertion of mental and physical disorder under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures. The defendant stated to the effect that the defendant was assaulted by the defendant to the police officers dispatched by D even though he first reported 112 in order to prevent the occurrence of the case at the time of the instant case, and that he could be punished due to the police officers' past suspended execution, who was demanded by the police officers to present identification card to confirm the personal information of the defendant. The defendant appears to have an excessive mental and physical weakness at the time of the instant crime.

The argument is asserted.

However, in full view of the background and process of the instant crime, the behavior of the Defendant before and after the instant crime, the Defendant’s attitude to make statements to the investigation agency, etc., things may be given due to psychological anxiety.

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