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(영문) 대전지방법원 2014.02.17 2014고단165
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On January 6, 2014, at around 01:20, the Defendant was involved in a traffic accident on the front side of the Seo-gu Daejeon Elementary School, Seo-gu, Daejeon, Daejeon, and reported 112.

On the same day, around 01:20 on the same day, the background D of the Daejeon District Police Station C Zone D, and the superintendent E arrive at the above site and ask the defendant questions about the traffic accident.

The Defendant saw the above D et al. into the softens, such as “I am chronia, and I am am sphere, I am sphere, and am sphere into the back part of the head of the Defendant, and am sphere into the inner part and face of the Defendant’s head, respectively, and am sphere into the hand floor of the above D twice, and am sphere into the hand floor, and am sphere and sphere the head of the above E in order to continuously refrain from sphere.

As a result, the Defendant assaulted the above D and E, a police officer of about 10 minutes from the above time to interfere with his legitimate execution of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. A copy of the working day (time) and a copy of the initial measure;

1. Each photograph;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. In a case where an act of assault and threat is committed against multiple public officials who perform the same duties as the ordinary concurrent crimes, multiple crimes of obstruction of performance of official duties are established according to the number of public officials who perform official duties. In a case where the above assault and threat took place at the same place as the same opportunity, and is assessed as one act under the social concept, the crimes of obstruction of performance of multiple official duties are crimes

(See Supreme Court Decisions 4294Do415 Decided September 28, 1961; 2009Do3505 Decided June 25, 2009, etc.). Articles 40 and 50 of the Criminal Act

1. Selection of imprisonment with prison labor chosen;

1. The suspended sentence reflects his mistake in depth during the period of detention under Article 62(1) of the Criminal Act, and criminal punishment for the last eight years.

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