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(영문) 대전지방법원 홍성지원 2014.05.07 2014고단185
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

1. At around 22:35 on March 17, 2014, the Defendant insultingd the victim by openly insulting the victim by: (a) having been requested to return home from the victim slope F, a police officer belonging to the Bosa Police Station Ecom, who was called out after receiving a report from 112 at the D main points located in Bosa-si, the Defendant sent to the Defendant on the issue of drinking value; and (b) having neighboring residents, the owner and employees of the said establishment; and (c) having neighboring residents, the victim “I imple, I am off, I am off, I am back, I am back, I am back, I am back, I am back, I am back, I am back, and am back I am.”

2. Performance of official duties, the Defendant, at the above date, at the above time and place, spit the victim’s slopeF (the age 45), spit the victim’s spit, spit the victim’s spit, thereby causing bodily injury to the victim, such as the left-hand spiting and spiting spiting on the face of the victim’s slopeF (the age 45), which requires approximately two weeks of treatment, and at the same time interfered with the police’s legitimate performance of duties relating to the maintenance

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, F, and H;

1. A president of the F;

1. 112 Reporting case management table;

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

1. The point of obstruction of performance of official duties under Article 311 of the Criminal Act concerning the crime: Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Concurrent Punishment of the Crimes of Obstruction of Performance of Official Duties and the Crimes of Bodily Injury)

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes. Article 50 (Aggravation of Concurrent Crimes within the scope of the sum of the long-term punishments for the crimes of serious injury);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The assertion of the defendant and defense counsel under Article 62-2 of the Criminal Act of the community service order.

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