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(영문) 대전지방법원 2014.08.28 2014고단2230
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2014. 5. 28. 23:30경 대전 서구 갈마동 895에 있는 제일감리교회 옆 공원에서, 그 곳 주변을 방범순찰 중인 대전동부경찰서 소속 의무경찰인 C에게 “이 새끼들이 근무도 안하고 농땡이 피고 있네.”라고 하면서 위 C가 착용하고 있던 근무모를 손바닥으로 8회 가량 내리치며 시비를 걸었다.

On the other hand, the above C prevented the Defendant “Ismany, Ismany, Ismany, Ismany, Ismany, Ismany, Ismany,” and called “Ismany tobacco or ...,” which caused the defect of the request for support to the D District, and led the victim to walking twice the left bucks in the above C’s left bucks, face with the hand floor, and boomed the face to the victim for about two weeks of medical treatment.

As a result, the defendant interfered with legitimate execution of duties concerning the prevention of crimes by auxiliary police officers in the course of performing official duties and patrol of crime prevention, and at the same time injured the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 257 (1) and 136 (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. Five times of a fine related to the violence of reasons for sentencing under Article 62 (1) of the Criminal Act in the suspended sentence (202 prior to the 2002) other than that of a fine (202) shall be taken into consideration, such as the intention not to impose punishment (agreement with the victim), serious reflectivity, contingent crimes, and the attitude of assault;

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