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(영문) 대전지방법원 천안지원 2018.04.19 2017고단2550
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be deferred for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:50 on July 26, 2017, the Defendant: (a) took a disturbance without paying a taxi fee to C; (b) took part in the E District located in Asan City with C; (c) took part in the E District; and (d) took part in police officers, including F, who received a request to return home from E District F, from E District F. who would be subject to a slopeF belonging to E District; and (c) f.o., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f.,

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

2. The Defendant damaged public goods, after arresting a flagrant offender for the same reasons as described in paragraph 1 at the time and place specified in paragraph 1, damaged the repair cost to KRW 150,000 by exposing the gate door door door in the process of moving into the E earth.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A written statement (C);

1. On-site photographs and estimates;

1. On-site video (the defendant was unable to recognize the other party as a police officer at the time he/she committed a crime No. 1)

The argument is asserted.

However, in the field video, at the time, the situation was put before the earth's release, the F was put in the police uniform, and the F was worn in the light gate that can recognize that the police was the police.

In light of this, the Defendant, who had taken any action, did not know that the other party was a police officer.

shall not be deemed to exist.

Defendant

We do not accept the argument.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of public duties), Article 141(1) of the Criminal Act, and the choice of imprisonment for each crime;

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. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.

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