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(영문) 대전지방법원 2017.09.15 2016고단2992
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

1. On July 21, 2016, the Defendant expressed that, around July 21, 2016, the Defendant, at around 01:10, around July 21, 2016, around 741, e.g., e., e., luminous loan No. 741, in front of the suspender, 6-7Ra, e.g., Daejeon Pungsung Police Station C, which was dispatched upon receipt of a report 112, he/she “Chewing baits” to the police officers belonging to the Daejeon Pungdong Police Station C, who were dispatched upon receipt of a report, and “hacker” to D.

“Absently, assaulted the left face part of D by drinking, such as satisfing a bat, batling fat, etc.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

2. On July 21, 2016, the Defendant committed the crime at around 01:20 on July 21, 2016, and assaulted F on July 21, 2016, the following: (a) around the Daejeon Pungdong Police Station, located in Daejeon Pungdong E; (b) the Defendant’s arms arrested as a flagrant offender due to the act described in paragraph 1, and expressed to F in the position of the said Pungdong that led to the bucking into the buck, saying, “on the inside, f.e., going to f., going to f., going to f.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each image of each damaged photograph;

1. Application of the Acts and subordinate statutes to each statement made by the police in each police protocol against D and F;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason reflects the sentencing of Article 62-2 of the Social Service Order Criminal Act, the degree of exercise of tangible force, family relationship, and continuous summons are not complied with, and the same criminal history is nonexistent.

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